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Arizona Consumer Law Questions & Answers
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 recovers well. But... 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 monthly... 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 I was going to... 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 customer's... 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 may... 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 private... 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 are not... 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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