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Idaho Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for Idaho on
Q: I was served papers from a lender attempting to collect a debt in small claims. The papers included an Exhibit A, which

Was a loan agreement in someone else’s name. Is this a valid suit/summons?

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

If you were named as a defendant, the case is valid but you have a defense that it is not you that owe the debt. If it was simply a mistake by the attorney that could likely be fixed in litigation.

1 Answer | Asked in Consumer Law and Bankruptcy for Idaho on
Q: My question is regarding the credit bureaus reporting pre-bankruptcy delinquencies on my credit report.

Equifax is being especially aggressive. Despite my disputes to the agencies, uploading of documents, and complaints to the CFPB, they continue to report all discharged debt as delinquent. It's gotten weird (such as Equifax reclassifying my Chap. 7 to a Chap 12.) No Idaho lawyer wants my case... View More

James L. Arrasmith
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answered on Nov 13, 2023

If Equifax and other credit bureaus are incorrectly reporting pre-bankruptcy delinquencies on your credit report despite a Chapter 7 discharge, you might need to consider escalating the matter. Since local attorneys are not taking up your case and the costs are prohibitive, exploring the option of... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it legal for an RV campground to ask for a doctors note if a person can’t make their reservation due to surgery?

My niece made a reservation at an RV park last April for a camping spot for September 29-October 1. She paid the camping fee of $130. In September, I was told that I needed to have surgery on my shoulder as soon as they could get it scheduled. I told my niece on September 13 that I was not... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the facts provided, it does not appear legal under Idaho law for the RV campground to require you to provide a doctor's note in order to receive a refund for the camping reservation.

In Idaho, there is no specific statute governing refund policies for recreational campgrounds....
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1 Answer | Asked in Consumer Law for Idaho on
Q: Can you get a garnishment judgment without knowing you had a debt from over seven years ago in idaho
T. Augustus Claus
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answered on Sep 28, 2023

In Idaho, as in many states, a creditor generally has to obtain a judgment before garnishing your wages. If a debt is over seven years old, it might be past the statute of limitations, but this can vary. If you weren't aware of the debt or the judgment, you may have options to challenge it.

1 Answer | Asked in Consumer Law for Idaho on
Q: I sold 5th wheel and took deposit with agreement to take payments. She took possession and now says nothing works.

I was unaware of things not working except need batteries, propane, gas for generator. That's all I was told about it. She has taken possession, now says nothing works and said she won't pay me any money. She has it somewhere I don't know about and she blocked texts, but has sent me... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You will need to have an attorney write her a demand letter. The issue is whether you promised to sell her the 5th wheel, with "only batteries" needed, or if you said, "everything works fine," etc. What promises did you make to her prior to selling it? Those are the types of... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: In Idaho how long does insurance have to assess damage from a partial loss home fire for a home owners insurance claim?

I had two partial loss home fires 9 months ago and my insurance company sent over an adjuster then. Now nine months later when my contractor is already working fixing the damage they want to come assess the damage again because my original adjuster quit the company

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

No set time, however, the insurance company will do its “due diligence,” and get their “findings” to all parties in “due time.” Most courts will not criticize an insurance company for taking too long, if there are questionable issues.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Idaho on
Q: It’s been nine months since I filed a homeowners insurance claim for 2 partial loss home fires. They sent an adjuster ov

Over nine months ago. Now I guess my adjuster quit and they closed my file even though my contractor was communicating back and forth with the adjuster that quit and they want to start over from square one and send a new adjuster over to evaluate the damage. Isn’t there a time limit on how long... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 24, 2022

"Bad faith," 2 words that lawyers enjoy bantering about and insurance companies loathe hearing. But, in Idaho, to show "bad faith," you must show that the insurance company's payment or treatment was "intentional" or based on gross negligence. Courts are fair... View More

1 Answer | Asked in Consumer Law and Criminal Law for Idaho on
Q: Is it illegal for a 19 year old to drink nonalcoholic beers or drinks?

I live in Nampa, Idaho and I know that some nonalcoholic drinks are treated the same as alcoholic drinks, so if someone is not able to prove they're 21 and older then they'll be refused of service. So my main question is, is it illegal for a young adult below the legal drinking age to... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 25, 2022

Of course. If you substitute the words "non-alcoholic beverages" for "water," the answer would make more sense. Idaho law prohibits those under twenty-one (21) from consuming alcohol. So, what I think you might be talking about is if you were stopped by police or they... View More

1 Answer | Asked in Consumer Law, Criminal Law, Banking and White Collar Crime for Idaho on
Q: If someone shows you a fake bank document, but dont use it for anything, is it still illegal?

Someone showed me a fake bank document, but are not using it.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

What kind of "bank document" did he/she show you? If it was a bankcard and was used to access the money in the bank under the person's name, then it is ILLEGAL and prosecutable. If it was someone else's bank statement, it is called FRAUD, if it was utilized to obtain a loan.... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Idaho on
Q: a Boise pawn shop sold my 1500.00 generator before the pawn ticket was due. what laws or statutes did they violate?
Kevin M Rogers
Kevin M Rogers
answered on Oct 5, 2021

It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!

P.S., sue them in Small Claims Court.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Idaho on
Q: what kind of lawyer am i looking for. idaho bad car from a dealer

i know idaho is not consumer friendly but if i bought the car as is and my contract states if a written warranty is given then implied and express warranty can not be waived. the car has frame damage power steering has failed twice the car was not able to be driven for almost a month 3 days after... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 2, 2021

The warranty that CANNOT be waived is the warranty that the "car will be fit for the purpose it was intended." If you bought the car "AS IS," did you ask any questions? Did you ask to have the car overnight to have a mechanic look at it? You also mentioned your question as a... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: I have bought a motorcycle from a dealer and they don’t have the title.

I have bought a motorcycle from a dealer June 2020 I financed this. I have paid this off March 21 and called my bank they can’t find the title. I called the DMV and they stated that it’s in the first owners name from 2018. This was odd as it was financed by a bank in North Carolina but yet they... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 9, 2021

The dealer is unscrupulous and should give you your money back. They lost the title or hadn't received it when they sold it to you. Idaho gives the owner of the bike 30 days to get the Title to the new owner. Your options now are: begin litigation against the dealer, you will win. Or, go... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it ok for a bank to take and keep money without my knowledge or consent?

I owed money but we had an agreement for monthly payments,

that I have kept. They took my stimulous

Kevin M Rogers
Kevin M Rogers
answered on Mar 4, 2021

Was your agreement in writing? If they "tapped" your bank account, it sounds an awful lot like they have a money judgment against you and they are using their rights to "attach" bank accounts and anything else you have that isn't "exempt." Exemptions are found... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Can you be charged with and arrested for grand theft of a vehicle licensed and titled to you?" In Idaho
Kevin M Rogers
Kevin M Rogers
answered on Jan 21, 2021

Shouldn't be able to be arrested for "theft," as long as the vehicle is titled in your name. There must be more facts to this story?

1 Answer | Asked in Consumer Law and Civil Litigation for Idaho on
Q: I bought a car with my boyfriend and he left me and took the car. I am the first signer. Can I just go get the car?

I paid the down payment and some of the car payments, the registration and repairs.

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

Nope. You were the first signer on the LOAN, right? Your name is or is not on the title? If your name IS on the title as a "co-owner," then you have as much right as he does to possess your car. However, how the car is titled is a big deal in Idaho. If you haven't paid the car... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: I'm under 18 I have saved and am ready to buy a car with all cash do I need to have a cosigner on the title in Idaho

I have saved all cash and I have found a vehicle from a private entity since I am under 18 and am buying the vehicle out right do I need to have some one else cosign on the title or can just I sign it I will be 18 in less than 12 months and don't want to retitle the vehicle. Also if my name is... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 20, 2020

Hi there,

Yes you need to have a co-signer, not because you may not have good credit but for the same reason that you may NOT title a car in your name, until you're 18 yrs. old. So, right now you can titled it in yourname/co-signer's name and then in one year, re-title it in just...
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1 Answer | Asked in Consumer Law for Idaho on
Q: I was financed for a car from an established used car place only to find it needs rack & pinion replaced. Can I sue?

I returned to the dealership within a month of driving and complained about the tire locking up when I turn left. They suggested it could be the hub which I paid them to replace and the problem has not only continued but has gotten worse. They told me to just turn traction control off every time I... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 12, 2020

Dear Robbed,

Please correct me if I misstate the facts you've listed.

First, you purchased a vehicle from a dealer? Was the car new or used?

Second, if it was used, did it have a "AS IS" sign on the windshield?

Third, if it was used AND it had an...
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1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers
answered on Sep 23, 2020

Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: MEDICAL DEBT FOR 4K IN IDAHO. 10 YRS LATER STILL RESUING ME OVER AND OVER. I DIDNT KNOW IN 16 AND WON FEES NOW AGAIN 10K

medical recovery debt hired a lawyer and keeps suing me for crazy amount in fees. 10k 10 years later

Kevin M Rogers
Kevin M Rogers
answered on Aug 6, 2020

A money judgment in Idaho must be renewed every five (5) years and then can only be renewed 3 times. If the creditor continues to try and collect, see if they have renewed their money judgment. If they've renewed it correctly, then it looks like you're only a few years from outliving... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Purchased a new car from dealer. Was sold as new with 4 miles. Manufacturer says it was a demo and warranty time is cut

Vehicle was advertised and sold as brand new with 3yr warranty. Manufacturer said it only has 2 years left as it was a demo model. This was not disclosed on the contract or verbally

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

These are "contract-specific" questions. If the car was advertised as "new," be sure to write down any other, specific terms (promises) they made to you. Where did you learn that the vehicle came with a 3-year warranty? If this was verbally communicated to you, it will be much... View More

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