Unfair Sales Practices and Consumer Fraud

questions & answers

Question: I had a guy who works on cars look at my truck. He drove the truck (drunk) and rolled it. He can't pay me because he is in jail for driving drunk. What are my rights?

Answer: If the vehicle has damages under $10,000 or is totaled but still worth less than $10,000 altogether, you can file a civil suit in Justice Court. If the damages or value of the truck are under $2,500, you can file it as a small claims action, where lawyers aren’t allowed. Even though the wrongdoer is still in jail, he can be sued. Forms are available here. AZTurboCourt.gov is also a good resource that will help you automatically fill out forms, but it is a pay service. However, it is probably a good idea to consult a legal professional over this. Suing someone and then trying to collect the judgment through garnishments or otherwise can become very complicated and time consuming. The State Bar of Arizona has a guide to finding the right attorney here.