Skip to main content
Vince Rabago

Vince Rabago’s Answers

33 total

  • Can I be sued on behalf on payday loan services?

    The attorney stated that I was going to be served with papers at my residence or work. She left a phone number to call to resolve the matter before I'm served. The phone number is to a litigation office. The case manager who was very rude put me i...

    Vince’s Answer

    You specifically refer to a payday loan. However, payday lending is now illegal in the state of Arizona, and has been illegal for several years. On the other hand, auto-title loans are legal. As the other attorney noted, this may be a scam. If you need to, contact a consumer protection lawyer. Most will offer a free or lost cost consultation. You can find lawyers through Avvo or a local bar association referral, and other ways as well. Good luck!

    Vince Rabago
    Www.VinceRabagoLaw.com

    See question 
  • I want to file an amended pleading and supplemental pleadings in a civil suit against me for (contested) debt, Pro Se.

    First, please confirm those need to be filed as separate motions? Second, to which would a counterclaim resulting from new knowledge derived from Plaintiff's disclosure, discovery and response to my Motion to Dismiss and Sworn Denial (filed after ...

    Vince’s Answer

    Your questions require counsel and advice or representation by an experienced consumer debt defense attorney who is knowledgeable about civil procedure and litigation. You can find one on Avvo or by referral from the local county bar association. Although most such attorneys will provide an initial consultation for free, your questions are such that you can probably expect to have to pay for the attorney's advice. Good luck.

    Vince Rabago
    Www.VinceRabagoLaw.com

    See question 
  • My husband signed a commerical lease prior to being married to me, the landlord is trying to go after community property can he

    The Landlords leasing agent has said that he will figure out a way to go after community property. He has had his RE license for a month. He has been talking with me because my husband doesnt care to fix the debt. He said he spoke with his attorne...

    Vince’s Answer

    Your question cannot be answered without a complete review of the all of the documents and facts surrounding the situation, and the situation also appears to span a period of nine (9) years. Generally speaking, debt obligations incurred prior to marriage remain separate debts, but there are sometimes matters than can change this. In addition, under Arizona law a guaranty obligation cannot impair community property if the spouse has not also signed the guaranty. However, you specifically mention that the lease was signed 9 years ago. Because of the lengthy time period involved, there may be additional facts in relation to your situation that might alter the legal landscape. Thus, you should make an appointment with a real estate attorney right away and bring all the paperwork and facts., because it may be that actions or events occurred in that time period which affected the obligations that you are concerned about. You can find an experienced attorney on Avvo or elsewhere for a consultation, for which you will likely have to pay a consultation fee.

    Vince Rabago
    www.VinceRabagoLaw.com

    See question 
  • Is the school district responsible for damage to vehicle?

    My truck was severely vandalized while locked in my son's auto mechanic's classroom. He is enrolled in a high school auto mechanics program. I never signed any release, the school has a police officer on campus and they never investigated the cr...

    Vince’s Answer

    You may have a valid claim for negligence and property damage against the district. However, there are very strict time limits for filing and serving what is called a notice of claim just to protect your rights and your right to be able to sue the district for the claim (if necessary). You need to contact a lawyer immediately to make sure that process is done correctly and timely. Otherwise, even if you have a valid claim or claims, you can lose the right to bring such claims by not following the notice of claim process. The notice of claim process is required by Arizona law and applies to potential claims against governmental agencies.

    Vince Rabago
    Www.VinceRabagoLaw.com

    See question 
  • How to cancel an auto contract?

    Last month I purchased a new vehicle. Used m y trade in as a down payment. Two days after purchase, the car was in repairs for electrical issues with door locks. Forcing the door to open manually, being stuck in the vehicle with my son because the...

    Vince’s Answer

    I agree with what has been stated. You need to consult with a consumer protection attorney. I have been successful in forcing dealers to rescind sales of brand new vehicles a fee times, but in those cases there were issues of consumer fraud also involved. That said, that is why is it so important for you to consult with a consumer protection attorrney. You can find one on Avvo.

    See question 
  • Title loan lawsuit

    Hello,I would like to see if i can take a title loan company to court and sue for unfair pratice. Or if i will have a good chance. Heres the situation. I applied for a car title loan due to desperation. i applied for $3300 with a interest rate of ...

    Vince’s Answer

    It sounds like you may have some viable issues for a consumer protection attorney to examine and consult with you about in regard to possible litigation. As a consumer protection attorney who successfully sued a national payday lender before, I can say that there are many ins and outs regarding a host of potential truth and lending and other regulatory issues that might play a role, and many aspects that would need to be carefully examined. In addition, California's unfair acts and deceptive practices law may play a role. I recommend that you contact an attorney with experience in consumer fraud litigation to see if you do indeed have a viable case. Many attorneys such as myself will typically provide a free or lost cost consultation. However, do not delay. Seek out a qualified attorney to discuss your issue.

    Vince Rabago
    www.VinceRabagoLaw.com

    See question 
  • Can a non-medical person violate the HIPPA act?

    My ex wife attended counseling with me that was in my name and covered by my insurance. This was with my regular counselor and a one time thing for her to attend. She then revealed details of the counseling session (in a negative manner) to a...

    Vince’s Answer

    I agree with my colleague above to the extent that there is no direct private right of action under HIPPA to sue anyone for a violation. However, in some states, courts have held that a violation of HIPPA can establish a violation of the standards of care for purposes of proving negligence, etc. So, the violation is used to establish a different "tort" (civil wrong). If it was understood that your ex-wife was required to maintain the confidentiality of the session, there could be potential civil liability for what is called the tort of public disclosure of private facts. Such a claim, if it is viable, would require that you bring a civil lawsuit for the harm. There would not be a "prosecution", which refers to the government pursuing a criminal case. I recommend that you contact a privacy law attorney for a consultation to determine if there is any civil liability under the circumstances you have described, under Arizona law, and whether there is a viable lawsuit that you could pursue.

    See question 
  • I own a property that the county sold the tax lean on and gone to foreclosure, I paid the taxes in full to county before judgeme

    Now the tax lean buyer wants to sue me for his legal expenses, am I liable for his expenses?

    Vince’s Answer

    Under Arizona law, if a tax lien certificate holder sues for a tax lien foreclosure, and the homeowner pays the taxes after the lawsuit is filed but before the judgment, the plaintiff may be reimbursed by the home owner for legal costs and attorney fees for the lawsuit if notice was properly given before the lawsuit is filed to give the homeowner the opportunity to pay the property taxes before any lawsuit has to be filed. However, there are a number of procedural requirements that must occur, so you need to see an experienced real estate lawyer, particularly one who has experience with tax lien foreclosures, to see whether all the procedural requirements were met. Legal matters like this require competent legal advice.

    Vince Rabago
    Www.VinceRabagoLaw.com

    See question 
  • Is it possible to raise ineffective counsel on a criminal non-capital direct appeal?

    I know it states that Appeals for ineffective counsel need to be raised on PCR.. Direct appeals are based entirely on record created at the trial court level so nothing outside of the transcripts are considered. I already have the audio/video and ...

    Vince’s Answer

    • Selected as best answer

    As the citation provided by Ms. Humphrey notes, the Arizona Supreme Court in State v Spreitz holds that ineffective assistance of counsel claims will not be heard on direct appeal, and the rule is that they must be raised in a Rule 42 petition.

    See question 
  • Tenant's guest is trying to sue me (owner) after dog bite incident. Am I liable?

    In our rental agreement, it is clearly stated that pets are not allowed on the premises. The tenant's guest was attacked by his dog and the guest was severely injured. I just got a letter from the guest's lawyer stating that he wanted my homeo...

    Vince’s Answer

    Without a detailed evaluation, it is difficult to evaluate such a question via a website like AVVO.

    Generally speaking, however, in California a residential landlord with actual knowledge of a tenant’s dangerous dog can be held liable to an injured victim, but the landlord generally has no duty to inspect the premises for such an animal.

    As for the owner of the dog, California law provides that the owner is strictly liable for damages to any person bitten by the dog. It is not necessary to show the owner was negligent, or had knowledge that the animal was vicious. Do your tenants have renter's insurance that would cover this?

    I recommend that you consult with a lawyer immediately. As this is not what is called a plaintiff's case, I would expect that you will have to pay for a consultation.

    Regarding your question about transferring your property to a different entity, please note that there are various laws against what are called "fraudulent conveyances" where someone tries to convey or transfer assets to hide or protect against a known liability. Without getting into detail, I would be very cautious and contact an attorney for a consultation on such matters as well. Good luck.

    Vince Rabago
    www.VinceRabagoLaw.com

    See question