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Arizona Consumer Law Questions & Answers
1 Answer | Asked in Bankruptcy, Collections, Consumer Law and Criminal Law for Arizona on
Q: Can I include my NSF returned checks from my checking account with my bankruptcy? in Az?

my TCF checking account is overdrawn 900 dollars in several returned checks from several different retail stores. i am also 22,000 dollars in debt with out making minimal payments. my concern however is with the TCF bank and the bad checks. I also have a criminal history with 2 prior historical... View More

Leonard Sominsky
Leonard Sominsky
answered on Nov 23, 2015

Although overdraft fees are an unsecured debt, the bankruptcy law specifically excludes NSF checks from being discharged. You should list the debt in the bankruptcy schedules anyway, but most likely the debt will survive. Also, if the NSF check is not made good quickly, the store MAY submit it... View More

1 Answer | Asked in Consumer Law for Arizona on
Q: They took my car back to california after we paid for it and have not gotten it back for us can I sue for them

My car was repossessed 4 weeks ago. We paid for it the next day and 3 days later paid the tow fee. After telling us that we could pick up our car and driving over to get it we found out It had been transported back to Californiaafter already ahaving paid the full amount. We still do not have our... View More

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

More information is needed about the terms of the settlement. A local consumer protection lawyer can assist.

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1 Answer | Asked in Consumer Law for Arizona on
Q: re: Coba et al v Ford Motor Co. Is there a class action suit regarding this matter?

We have experienced this problem with our 2008 Ford 350 diesel. Repairs over $6,000. Would like to join class action suit if one exists.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

Best to check google. Or talk to class action law firm to see if they'd be interesting in filing a case. Good luck.

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...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Under Arizona law does an auto under repossession effect registration
Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

Not clear what the question is.

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 problem without...
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1 Answer | Asked in Bankruptcy and Consumer Law for Arizona on
Q: Hi, A licensed contractor took our deposit five days after contract are now filing bankruptcy. What can I do?

We researched a few contractors through the Registrar of Contractors (in AZ), their references, BBB,years operational and online reviews. After choosing one we gave a deposit by check (as that is all they took); five days later they stopped answering emails. We were on a scheduled vacation and upon... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

See an attorney.

1 Answer | Asked in Consumer Law for Arizona on
Q: if i lend my friend a computer and they break it, who is responsible for fixing it?

no documentation of the lending. but have receipts that i purchesed it and own it

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

It depends on the agreement between the two of you and how the property was damaged.

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....
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1 Answer | Asked in Consumer Law for Arizona on
Q: do i need a lawyer?

I deposited a third party check into my chase account that was endorsed and given to me as payment for a car i sold, before i deposited the check i called the chase 1800 # and asked if it was ok fr me to do this, i also asked a lady in the branch, both said it was fine to just have the check... View More

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

A consumer protection or banking lawyer should be able to 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 NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Consumer Law for Arizona on
Q: I own my own car, the car is completely under my name, after about 3 months of me driving it my father typed up on a pie

piece of paper certain stipulations saying if I do this or that he takes my car away from me, he then had me go with him to a notary and get it signed. He has had my keys for about a year now and I'm just wondering can I take my keys back without being in trouble with the law.

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

It helps that the car is in your name, but hard to answer without knowing what's on the paper. A lawyer can review the document and advise.

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...
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1 Answer | Asked in Consumer Law for Arizona on
Q: What constitutes an unauthorized driver for commercial vehicle insurance coverage?

Performed services related to a commercial vehicle that caught fire, fully engulfed, total loss. After some time coverage was confirmed with claim numbers being assigned and adjuster being sent. Next came a letter of reservation without details other than lack of information being received from... View More

Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

The nature of your claim (injury, payment for services, other) isn't clear, so more information is needed to answer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It...
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1 Answer | Asked in Consumer Law and Lemon Law for Arizona on
Q: paid 5,000 cash for a used f250 ford truck and finance 5,000 2 days after driving home truck broke down had to get towed

a week after that same thing broke down had to get towed and the same thing after that I have now spent over 7,000 in repairs and I haven't even made my first payment yet the truck is only worth 8,000 dollars blue book and I cant get the car dealer to answer my phone calls or emails. do I have... View More

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

More information is needed to advise. Ask a local lemon law or consumer protections lawyer to review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
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1 Answer | Asked in Collections and Consumer Law for Arizona on
Q: Q: Can i sue a creditor for giving me a credit card (w/o a co-signer) when i was 17 years old?

I received a solicitation from a bank and was given a credit card without a co-signer. A 3rd party debt collector sued me for the debt years later, and I lost. I represented myself for this case because I couldn't access ANY of my funds to pay an attorney (bank froze my accounts). I still feel... View More

Adam Studnicki
Adam Studnicki
answered on Aug 17, 2015

Contracts entered into by minors may be voidable in certain situation, and it may be too late here. Talk to a local consumer protection or debt collection lawyer about your rights and options.

2 Answers | Asked in Collections and Consumer Law for Arizona on
Q: I believe my identity has been used. I now have a freeze on my bank account and have no idea on how to prove residency

More detail

Yesterday i found out there is a freeze/hold on a joint account i use. The funds in this account belong to father of my kids. It can be verified threw direct deposit pay stubs. As I am understanding it someone opened a Verizon phone account in 95 in NJ. The address provided i am... View More

Adam Studnicki
Adam Studnicki
answered on Aug 19, 2015

A consumer protection of debt collection lawyer should be able to assist. The collection agency is required to comply with the Fair Debt Collection Practice Act.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information...
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1 Answer | Asked in Collections and Consumer Law for Arizona on
Q: i am faced with two problems.A bill collection from 95 has frozen my bank account. I never lived at given address.

Yesterday i discovered there was a freeze/hold on my bank account. When i called my bank they gave a number to call. It was the number of a constable in NJ. i have lived in AZ 16 years. The constable gave me the number to the credit collection agency. When i called they informed me it was an old... View More

Adam Studnicki
Adam Studnicki
answered on Aug 19, 2015

A consumer protection of debt collection lawyer should be able to assist. You should try to determine if the debt is even still valid. The collection agency is required to comply with the Fair Debt Collection Practice Act.

Please Take Notice: I am not your lawyer unless we enter into an...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Can a car loan not give a payoff amount or out of a $207 payment only $35 goes toward the car and the balance to finance

I am paying an outrageous amount of finance charges with no payoff amount. The finance company says they don't do that.

Adam Studnicki
Adam Studnicki
answered on Jul 18, 2015

Start by reviewing the terms of your financing agreement(s). Depending on what the documents say, options might include: calculating the payoff yourself, asking for a supervisor, complaining to the Attorney General's office, complaining to the Arizona Department of Financial Institutions,... View More

1 Answer | Asked in Consumer Law for Arizona on
Q: Does the state of AZ have a grace period before they repo your vehicle? Remind you the was set on the side of the road

We had so many problems this this truck. It's unsafe

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Not sure what the question is.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Consumer Law for Arizona on
Q: There was a dispute I had in Az in 2010 with a cable-phone provider; my credit report shows unpaid of $400-what todo?

They lied to us; we cancelled.

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

More information is needed to assess. Talk to a local consumer protection lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Signed loan documents at tile company lender never funded the loan

Obtained loan approval, signed docs at title company loan never funded are we obligated to make payments, happened in Arizona

Adam Studnicki
Adam Studnicki
answered on Jun 1, 2015

It depends on the language of the agreements you signed. A local real estate lawyer can review.

1 Answer | Asked in Consumer Law for Arizona on
Q: do I need to pay labor again after paying the shop for new tranny they purchased and labor if the tranny break down?

the auto shop was the one who purchased the new tranny for my car.

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Sometimes the manufacturer will cover the labor to replace if the original part is defective. Sometimes shops have warranties on their labor which could apply.

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