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Arizona Consumer Law Questions & Answers
1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for Arizona on
Q: If a creditor gets a judgment against garnishee, and the garnishee pays that in full, Can they then collect from Debt?

Small Claim/ Civil Garnishment: If a creditor gets a judgment against a garnishee for failure to comply (not filing a garnishee answer), and the garnishee pays judgment in full, Can the garnishee then go after the Debtor for these funds?

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

It's possible. The proper thing to do when paying off a Court-ordered debt is to have the judgment creditor sign a Satisfaction of Judgment and file it with the Court.

That said, if you have a record you made the payment, you should notify the Court right away that you have paid it and...
Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: Law or protection for deceased's home loan assumption by a Joint Tenant owner not not already listed on the mortgage?

Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.

Daughter was added to the deed as Joint Tenant (JTWROS) couple years... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Mar 2, 2022

You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... Read more »

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Arizona on
Q: Does Arizona require dealers to have full insurance coverage on financed vehicles?

I know they will probably demand it but say they didn’t and the vehicle was totaled the first week and had no collision insurance. Is there a gap time or would the dealer be responsible for some of it

Nadine Sameer Deeb
Nadine Sameer Deeb
answered on Nov 15, 2021

A customer is required to have full coverage insurance on financed vehicles prior to departing the dealership with the vehicle on the day of purchase.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Arbitration / Mediation Law for Arizona on
Q: Re U-Haul charges for stolen truck under my name. I did get the insurance on the truck and will be pressing charges

U-Haul still wants to charge me for stolen vehicle and who know what else.

I want to know what is the first best route to start this legally. Should I arbitrate or go to court...based on not much experience.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2021

An Arizona attorney could advise best, but your question remains open for two weeks. There could be provisions in your agreement that address arbitration. Some contracts have clauses that require arbitration over court - some contracts do not have such clauses. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for Arizona on
Q: Does restitution need to be paid on student loans?

I am rephrasing this question as the answer I received didn't answer what I was asking. I owe restitution where I am responsible to pay 10% on all income towards it monthly. Are student loans considered income that would be required to pay 10% on? Example, I just took out $1250 in a loan to... Read more »

Joseph Abrams
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Joseph Abrams
answered on Aug 7, 2021

The restitution order is separate and apart from any personal debts that you might have. The PO is responsible for collecting the restitution in accordance with the judgement issued by the court, and enforcing any other conditions ordered by the court. The repayment of personal debts is your own... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Arizona on
Q: I have a small company and I want to manage/invest my clients' money; charing no fees. Are there any legal hurdles?

I want to be able to advertise that I will return a percentage per year on the investment. No fees.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 9, 2021

It depends on the type of business you have. You will need a license and registration with agencies.

Consult with an attorney.

1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre L. Pennington
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Andre L. Pennington
answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

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 »

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