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Arizona Consumer Law Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Arizona on
Q: I have $100,000 in private student loans. I do not recall taking out these loans-I was on medication. Is there help?

I have been paying on these loans for about 11 years with 20+ years left. I am in my mid-30s and have not yet saved for retirement. The payments are about $800/month. The balances have never moved. I have no recollection of taking them out. These are private loans, not federal. Is there any help... View More

Michael Gerity
Michael Gerity
answered on Aug 8, 2017

As you may have heard, most student loans are very difficult to get discharged in a bankruptcy. You have to show "undue hardship" in order to get them discharged, and that has proven to be an extremely high standard to meet. This applies to most student loans, including ones from a... View More

1 Answer | Asked in Consumer Law, Products Liability and Health Care Law for Arizona on
Q: Does HIPPA compliance apply to email server used?

Do we need a certain email server? i.e., gmail, godaddy, office 365... which servers are supposed to be used?

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Unlikely but check with your professional society.

1 Answer | Asked in Business Law and Consumer Law for Arizona on
Q: Do I have to let my customers know who my wholesaler is?
Griffin Klema
Griffin Klema
answered on Jun 11, 2017

Your question is a bit vague because it's unclear what kind of business you are conducting, and thus it's impossible to give you any kind of real guidance. For example, there may be regulations (federal or state) that require certain disclosures to consumers. Otherwise no, generally you... View More

2 Answers | Asked in Consumer Law and Bankruptcy for Arizona on
Q: I have an unsecured loan I defaulted on. No judgement yet, but letters from attorney. Can I bankrupt out of this?

I have an unsecured line of credit I defaulted on. They have not taken me to court to receive a judgement yet. I have only received letters from a lawyer stating they are going to proceed. Can I bankrupt out of this debt or do I have to wait until a court grants them a judgement?

Nels Hansen
Nels Hansen
answered on Jun 9, 2017

You do not have to wait until they obtain a judgment. Contact a local bankruptcy attorney and schedule a consultation. You need to know your options before you can make a decision on how to deal with the debt. Some individuals would file bankruptcy to discharge a $1,500 cable bill while others... View More

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Arizona on
Q: How do I find information/pay off a Restitution lien?

I went to register a car today and i was told i have a restitution lien.

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

Go to or call the courthouse where the restitution lien was issued from.

1 Answer | Asked in Consumer Law and Probate for Arizona on
Q: az: can I take possession of vehicle which has an uncompleted transfer title?

both seller and buyer names are in title. Both are deceased. But, it is not dated or notarized. I am the surviving partner of 21 years. the vehicle has been in our joint property for over 20 years.

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2017

Even if it was completed, unless Az has domestic partnership and you filled that out, doesn't matter how long you've been parnters many states say no. Think you need to consider getting a consultation from someone who handles estates. (If the person left a well that would be... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Arizona on
Q: My mom was tricked into buying overpriced collectible coins. What laws can I sue under?

They convinced us that bullion would be confiscated and then told us the coins they were selling us were worth $2000 each but they're only worth about $1300. She paid $2020 each. She bought 7. I want to sue but need advice as to which laws were violated.

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

She may have a claim for fraud, fraudulent inducement, material misrepresentation. There are multiple consumer protection laws that may also be applicable. An attorney in your area should be able to help you.

1 Answer | Asked in Consumer Law, Products Liability and Business Law for Arizona on
Q: In the state of Arizona, what would be required to deliver tobacco products (18+).

What would be required? A tobacco license? Age validation? What steps and legal protections would be necessary in order to (safely) deliver tobacco products to users using a courier service (imagine Postmates).

Peter N. Munsing
Peter N. Munsing
answered on Oct 4, 2016

You have to be licensed by the state, have a good accounting system for tax collection. Selling out of state? May run into laws on that. Start by contacting the secretary of State's office to see what would be required from the state.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Arizona on
Q: how can i get the tow company to pay for the damage to my car?

my car was tow and the driver hook it up the wrong way, he is stating that my son told him to hook it up anyway he can so the

car gets off the street. my car is front wheel drive and now because of the way it was tow , i do not have reverse.

the owener fax me a statment that was... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 9, 2016

Contact a consumer attorney in your area of Arizona via www.naca.net

1 Answer | Asked in Consumer Law for Arizona on
Q: If a contract has surpassed the statute of limitations and a company is being unjustly enriched by Holding funds.

Being unjustly enriched by holding funds that were never used for services! Does the consumer have a right to entitlement of their money back!

Adam Studnicki
Adam Studnicki
answered on Mar 20, 2016

Talk to a lawyer to verify the statutes of limitations for your particular situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Hi, I ordered a package from a small business about 3 months ago. They have refused to ship it and give a refund. Help?

The package was a small parcel package. I have been in contact with the owner of the company and they have refused to give me money back, and ship the item. I have asked for a refund several times and they don't care. Is there an law or an act that would be in my favor in order to help me?

Adam Studnicki
Adam Studnicki
answered on Feb 23, 2016

Why not dispute the charge with your credit card? You can file a lawsuit, report them to the consumer division of the attorney general's office, ask a lawyer to send a strong letter, etc.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing....
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1 Answer | Asked in Consumer Law for Arizona on
Q: If you owe a debt and offer to pay the debt and the payment is refused, do you still owe the debt?

Give me the ARS section governing this answer.

Adam Studnicki
Adam Studnicki
answered on Feb 9, 2016

More info about specifics is needed to answer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Consumer Law and Family Law for Arizona on
Q: I have had my car 5 years and I pay for everything. However, it is in my ex's name.

I need to know if there is a legal way to prevent him from not signing over the title, as he promised, once it is paid off. I pay for all maintenance, the tag, the payment, everything. He had it refinanced without me on the loan again a few years ago. I don't have contact with him except for... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

You can have him affirm your agreement in writing (via e-mail or text). I'd encourage you to avoid being too obvious. Maybe casually discuss the title transfer process and make a joke about the MVD. Otherwise, if he refuses to honor your agreement, you can still prove the car is yours in court... View More

1 Answer | Asked in Consumer Law for Arizona on
Q: Should I sign a Note and Confession of Judgement? Are these legal in Arizona? Are there any benefits for me?

This in regard to an outstanding balance at CITIBANK.

Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

Not enough information to advise. Talk to a consumer protection or debtor's rights lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Collections and Consumer Law for Arizona on
Q: In a consumer case where a deficiency is sought, the creditor sold the collateral, car, at a private auction for much

less than wholesale value so can this be a defense?

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

More information is needed about the nature of the sale. A consumer protection, debt collection, debtor's rights or bankruptcy lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is...
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1 Answer | Asked in Consumer Law for Arizona on
Q: What is the statute of limitations for disputing or requesting a refund for a services not rendered

I purchased a VIP table and the show was cancelled my bank didn't get me the refund and I'd like to sue the merchant but don't know the statute of limitation

Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

More information is needed about what happened to advise. Best not to delay.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Consumer Law and Family Law for Arizona on
Q: My surgeon husband 20yrs stole all money left me just found hstock div, pd to him over $1mill$ &10yr plot ruin me

I've been married to a cosmetic surgeon in AZ for 20 years. 3 years ago he abandon me in 6ksqft home after clearing out all bank accounts and entering my home faking love and stole all my cash $302k from my room (my 24yr old son also saw him). He stopped making all payments so I was told by... View More

Jay Hall
Jay Hall
answered on Dec 27, 2015

It's unclear exactly what you're asking. How can an attorney help you?

1 Answer | Asked in Consumer Law for Arizona on
Q: If I purchased AZ auto insuance with another company, doesn't State Farm have to honor the new date for cancellation?

I believe I should get my unused premium back. Is there a cut off date?

Adam Studnicki
Adam Studnicki
answered on Dec 28, 2015

When a policy is cancelled, premiums are typically refunded pro-rata.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Can I ask defendant to settle with me outside of court if I am part of a class action lawsuit
Adam Studnicki
Adam Studnicki
answered on Dec 19, 2015

More information is needed. It depends if you are a class representation. In some situations, you may be able to opt-out. Talk to a lawyer about your options.

Which class action lawsuit is it?

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in...
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1 Answer | Asked in Consumer Law for Arizona on
Q: My friend she said some me stole her debt card to avoid overdrawn fees and she's under investigation will she go to jail

She spent all her money and they overdrawn her account but she said someone stole her account so they can refund her and they make a investigation what will happen to her if they find out she was the one spending the money

Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

She should talk to a criminal defense lawyer asap.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a...
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