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Arizona Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Small Claims for Arizona on
Q: Am I obligated to pay for a rental car that I didn't sign an agreement fro it?

I recently rented a car, and typically before you get the keys, you sign a rental agreement. I was not asked to sign any agreement, am I still obligated to pay without signing an agreement?

Tim Akpinar
Tim Akpinar answered on Oct 1, 2020

An Arizona attorney could answer best, but your question remains open for two weeks. As a general premise, signing an agreement has evolved from what it meant in the past. Digital keystrokes on a computer or other device have attained the same legal force as a traditional signature left by a pen on... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Arizona on
Q: my mechanic said that the new engine was stolen by a guy at the dealer he ordered from. What can I do about this.

My gasket blew and I took it to my mechanic. I decided to buy a new engine and payed my mechanic up front for parts. After weeks he said that a guy from dealer stole it and engine was not delivered. He said when I asked that their was nothing legal he could think of to do about the dealer he... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Aug 3, 2020

If your mechanic ordered the engine from a dealership and it is stolen at the dealership while in their custody, the loss is taken by the dealership and they would need to order a new engine. The allegations by your mechanic just don't sound right. If he purchased an engine, he must have a... Read more »

1 Answer | Asked in Consumer Law for Arizona on
Q: I would like to know legal remedy and ball park how many hours to sue a dealership for for misrepresentation.

Dealership knew they were selling an unsafe car and misrepresented the condition of the title.car is not safe per 3 mechanics. Dealership has failed to repair issues or entertain a better car with more money. This car is not safe and they knew it and took advantage of what I didn't know and i... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

You need to contact a good "Lemon Law" attorney in your area. With as many car dealerships and car sales as you have in AZ, there will be some. Contact your local bar association for a referral. The question is not "How many hours?" but "Can you take this on a contingent... Read more »

1 Answer | Asked in Consumer Law and Divorce for Arizona on
Q: if I leave the house will I be abandoned my kids? My husband is abusive mental and physical.

he lost his job in covid 19

Jay Hall
Jay Hall answered on May 25, 2020

No, removing yourself from an abusive situation is not abandonment. If you intend to divorce, you should take advantage of a free consultation at your earliest opportunity to discuss how to preserve all of your rights.

1 Answer | Asked in Civil Litigation, Consumer Law and Lemon Law for Arizona on
Q: Am I a Class Member even though I was not a plaintiff in Vargas, et al. v. Ford Motor Company?

With the recent Ford Class Action (Vargas, et al. v. Ford Motor Company) reaching a Settlement, I hope it's finally time to get rid of my problematic 2011 Ford Fiesta while Ford pays for it (it's currently at the dealership right now with transmission issues for about the 4th or 5th... Read more »

Adam Savett
Adam Savett answered on May 8, 2020

You are a member of the class, and thus entitled to participate in the benefits of the settlement if you meet the class definition. You do not NEED to be a plaintiff in order to participate in most class actions in the United States.

The definition in this case is:

You are a Class...
Read more »

2 Answers | Asked in Consumer Law, Criminal Law and Federal Crimes for Arizona on
Q: Can I get my office manager arrested for fraud if he was authorized user on the card.
Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

If you are reporting a crime, you need to contact your local law enforcement agency.

To quickly answer your question, ANYONE can commit fraud. I expect you have more details about what exactly it is that your manager is doing but just because someone is authorized to use a credit card,...
Read more »

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1 Answer | Asked in Consumer Law, Contracts and Foreclosure for Arizona on
Q: is it legal for 2nd mortgage to foreclose, buy the house at auction, not payoff 1st mortgage but pay monthly payment?

8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... Read more »

Diane L. Drain
Diane L. Drain answered on Mar 4, 2020

This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Arizona on
Q: Is a debtor 'allowed' to have both an awarded judgement AND still report the debt on my credit report?

I have a debt/collections I am trying to pay off but just found a judgement in county records against me for the same debt by the same company.

The judgment is not appearing on my credit report, only the collection itself. Is it legal to have both a judgement won and filed in a recorders... Read more »

Timothy Denison
Timothy Denison answered on Jan 22, 2020

You should notify all three credit bureaus that they are the same debt. It should only be reported as the judgment.

2 Answers | Asked in Consumer Law and Products Liability for Arizona on
Q: Bought a product that expired three months prior to purchase from big grocery chain. Wife is now sick, do we have a case

My wife consumed a food item purchased at Frys Food and Drug store yesterday and is now feeling ill. After checking the container, we discovered the expiration date of the product is for three months prior to purchase. We have both the receipt and the container to prove time of purchase and the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 13, 2019

I'm sorry about your wife's illness and the ordeal this has created for the both of you. It's difficult to say whether you have a case at this point. It would depend on what the medical determination is and what investigation of the product reveals. I hope your wife is okay and... Read more »

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1 Answer | Asked in Consumer Law and Personal Injury for Arizona on
Q: I had a lithium ion battery catch on fire in my house. Fire department identified it as the source of the fire.

Fire happened in the middle of the night on my night stand. Fire department came out and identified the battery pack as the heat source. I started to file a claim with my home owners insurance. It looks like the claim will be around 20k for clean up, replacing burt items, hospital costs (2nd degree... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2019

Consult with a personal injury/product liability attorney if you want to explore the basis for a claim based on a defective product theory. If based on your injuries, you do pursue that route, do not sign any further property damage-related releases before having your attorney review them, as they... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Personal Injury for Arizona on
Q: I had a lithium ion battery catch on fire in my house. Fire department identified it as the source of the fire.

Fire happened in the middle of the night on my night stand. Fire department came out and identified the battery pack as the heat source. I started to file a claim with my home owners insurance. It looks like the claim will be around 20k for clean up, replacing burt items, hospital costs (2nd degree... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2019

I hope you are recovering from your second degree burns. What you describe here could possibly be the basis for a product liability cause of action. To learn if that might be the case, you could arrange a brief consultation with a product liability attorney in Arizona (it looks like that is where... Read more »

1 Answer | Asked in Social Security, Consumer Law and Banking for Arizona on
Q: I am on social security disability my mother has been my payee i have noticed more and more money coming up short bills

Not being paid tried getting info about my account only to find outonly she has access to the account and only she can make any changes or access statements what can i do i am now homeless her and my brother just tell me i don't have any money left the only bill thats paid is a 33 dollar... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

If you have reason to suspect that the payee on your Social Security Disability account is either not giving you sufficient walk-around money to use, or is spending your benefits on things other than your living expenses you should contact the Social Security Administration; there is probably a... Read more »

1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Arizona on
Q: Who should pay, me or the mechanic?

I have a car that overheated and went to a mechanic to fix it. He told me that I have to replace the fan with a new one so I was ok with it. He ordered an aftermarket fan and replaced it. After 3 months the car overheated. I called him and said the car overheated and he said to bring it back to the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 16, 2019

Your mechanic who fixed the car agreed to fix it again; find a way to take it back to him. No excuses.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Arizona on
Q: I have been sued by Cavalry Portfolio in Arizona but not yet been served. How should I proceed?

I have found out about this lawsuit against myself only through receiving a letter from a local lawyer alerting me to this and offering a free consultation. Attached was a court code that let me validate this through an AZ court government lookup.

The plaintiff has not yet had any filings... Read more »

Timothy Denison
Timothy Denison answered on Jan 7, 2019

You should consult an attorney regarding this debt. Nothing can happen unless you are served so time is on your side. Your attorney can then determine potential defenses or potential offensive maneuvers to try.

1 Answer | Asked in Consumer Law and Libel & Slander for Arizona on
Q: How much would it cost me to send a seize and deciest notice to someone?

Ex-wife of a very good friend of mine spreading false information about me. I would like to send her a seize and deciest notice.

Tim Akpinar
Tim Akpinar answered on Oct 17, 2018

You could contact several Arizona attorneys in your area and ask them about their fees to draft a cease and desist letter.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Arizona on
Q: Can a third party collection agency sue for an account charged off since 2012?

a local law firm has a 120-day hold on funds in my checking account for a credit card bill that was charged off since 2012. Most of the money in that account is from Social Security AND According to the Fair Debt act they should not be able to sue me for an account over three years old. I never... Read more »

Peter H. Westby
Peter H. Westby answered on Aug 25, 2018

The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Arizona on
Q: The TSA illegally seized my liquor and now has offered to refund me. Do I have any other recourse in my claim?

My claim was based on 2 conditions 1) return my liquor to me, or 2) we fly back to Cancun, Mexico (from where the flight originated) and I buy my liquor again at TSA's expense. They have pushed this issue "under the rug" and are now intentionally ignoring my claim. I indicated that... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Jun 12, 2018

Apologies, but this question doesn't exactly fall in the Criminal Law category. I recommend seeking a civil attorney who is federally licensed they will be your best point of contact if you want to pursue a lawsuit.

1 Answer | Asked in Consumer Law, Elder Law and Probate for Arizona on
Q: If a relative would have been a benefactor in a legal settlement but they are deceased, who could file a claim and how?

A claim would have to be filed to be eligible for a percentage of a large sum. My aunt died 3 years ago and left some personal items from her estate as well as some of her paperwork of old financial records- just in case. Glad I hung onto them. But, she and her estate were under a county... Read more »

Peter H. Westby
Peter H. Westby answered on Mar 15, 2018

The personal representative of your aunt's estate is the one who should file any claims. As for the claim that was paid, you will need to know more about the claim, itself. One of the jobs of a fiduciary is to investigate claims, reject the poor ones and, where funds are available, determine... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Formation, Civil Litigation and Small Claims for Arizona on
Q: We hired a venue for my daughter's quinceanera cost us over $10,000. A shoebox with at least $5,000 of gifts was stolen.

The venue had no security cameras and I found out that this is happened before and they still have not put security cameras in. Can we hold them liable for the $5,000 of stolen merchandise.

Peter H. Westby
Peter H. Westby answered on Mar 13, 2018

You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a... Read more »

3 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Arizona on
Q: If a husband won't quit drinking and driving if he has a accident can wife be sued if on same insurance policy
Peter H. Westby
Peter H. Westby answered on Jan 31, 2018

A husband who drinks and drives puts his wife at risk of a lawsuit as well as himself. The existence of an insurance policy does not not lessen the wife's risk. Obtaining a separate insurance policy for the husband will not protect the wife from a lawsuit. Your policy should be reviewed as it... Read more »

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