Skip to main content
Vince Rabago

Vince Rabago’s Answers

37 total

  • What type of lawyer do i need in order to give me feedback on the messaging of the website, statements etc?

    I am a doctor about to launch my own Doctor formulated product (protein powder) and sell on my eCommerce web site. What type of lawyer do i need in order to give me feedback on the messaging of the website, statements, claims, terms and conditions...

    Vince’s Answer

    In addition to agreeing with my colleagues, I suggest that you also contact an Arizona attorney that has experience with advertising claims and regulatory compliance as well, in relation to statements or claims about your product. It has been my experience that many companies do not adequately engage counsel to deal with issues related to such advertising representations, both in terms of consumer representations as well as potential regulatory compliance issues. I can tell you this first hand from my experience from when I worked on investigating business practices and advertising claims while working for the Consumer Protection unit of the Attorney General's office, to my experience in private practice assisting or advising companies or consumers. It is worth the expense to thoroughly vet any representations, so you should engage local counsel to assist you. Good luck on your endeavor.

    This answer does not constitute legal advice or opinion, and no attorney-client relationship is formed by the answer on this website. For a legal opinion, please contact a qualified attorney or attorneys for consultation.

    Vince Rabago
    www.VinceRabagoLaw.com

    See question 
  • What type of lawsuit would i be looking at

    i was wrongfully arrested on dec 18 2015 i had a warrent for arrest iam 27 with no prior record and was arested in the rain for a stolen caR WENT TO JAIL FOR TWO DAYS HAD TO BAIL OUT GO TO COURT ONLY TO FIND OUT THEY SAID I WAS SUSPECTED OF STEALI...

    Vince’s Answer

    I agree with my colleagues that you should contact a civil rights/personal injury lawyer immediately, especially because there are strict deadlines (usually 180 days from the injury) to file what is a called a Notice of Claim with the municipality and also on the public employees involved, in order to preserve your right to later bring a lawsuit. The requirements are very technical and must be done correctly to preserve your rights.

    See question 
  • Does a United States court of appeals have to reply in writing, yes or no?

    When a lawyer files an appeal for a ruling made by a Federal judge in the United States, does the United States court of appeals have to reply in writing, yes or no? Is that usually made less than 12 months later?

    Vince’s Answer

    No. The parties in the case in district court are generally the same parties that will be fighting against each other in any appeal. So, when any party, either plaintiff or defendant, appeals a ruling made by a federal judge, it is not the US Court of Appeals that replies or files an answering brief. Instead, it is the party who won the ruling in the District Court. On appeal, the party appealing the order is called the Appellant, and the party who won below (and who files an Answering Brief) is called the Appellee. The timing of filing of the briefs depends on the scheduling order issued by the Court of Appeals. The process can be quite lengthy, and can easily take up to a year or even more in the 9th Circuit Court of Appeals. If you have questions and have a lawyer, you should ask your attorney. If you do not have a lawyer, I highly recommend that you find and consult a lawyer with appellate experience.

    Regards,

    Vince Rabago
    www.VinceRabagoLaw.com

    See question 
  • 1. Am I liable for this debt? 2. If I sign this judgment do I now assume this debt? 3. Was I improperly joined to this suit?

    We live in a community property state. My wife has not worked or brought anything into the marriage since we have been married. My wife co-signed a student loan for her son several years before we got married. Her son made some payments but not ...

    Vince’s Answer

    There are many unanswered questions in your situation, such as whether you were originally named in the lawsuit, etc. So, the answers to your questions are: it depends. That is why I agree with my colleagues ... you should seek a consultation from a consumer litigation attorney immediately to evaluate your case. Most consumer attorneys will give you a free consultation to discuss your case. You can find a local attorney through AVVO or through a referral from your local County Bar Association Laywer referral service.

    Good luck.

    Vince Rabago
    www.VinceRabagoLaw.com
    Tucson, AZ

    See question 
  • 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