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Arizona Consumer Law Questions & Answers
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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1 Answer | Asked in Insurance Defense, Car Accidents and Consumer Law for Arizona on
Q: Can an insur. co. close the ticket if their client tells them they will pay out of pock? Even if I didn't agree to term

They admitted fault, tried to make payment but what they offered wasn't enough to fix it. Can their insurance refuse to pay on the basis that their client wants to pay out of pocket. I didn't think that was legal.

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

Not illegal but may be a violation of regulations. Big point is that you want to contact a member of the Az Trial Lawyers--they give free consults.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Arizona on
Q: sign 60mth contract for security alarm. Moved out of state. Is it it voided now?

Signed security alarm system for 60 months at home address. Moved out of state. Does that contract now become voided and service should be cancelled with no penalties?

Michael Gerity
Michael Gerity answered on Aug 14, 2017

When it comes to interpreting any contract, it always boils down to the terms of the specific contract that you signed. With some notable exceptions, the courts and the law tend to stay out of contractual relationships, allowing parties to enter into contracts on terms to which both sides agree.... Read more »

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... Read 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... Read 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... Read 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... Read 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, 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 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... Read more »

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... Read 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... Read 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... Read more »

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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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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