Consumer Law Attorney in Mesa, AZ | Areas of Practice
Call (480) 499-5334 today for a free consultation!
Areas of Practice
We serve clients in Scottsdale, Phoenix, Tempe, Ahwatukee, Gilbert, Chandler, Mesa, Apache Junction, Queen Creek, Maricopa, San Tan Valley, Prescott, and other areas of the East Valley and Metro Phoenix. Located off the 101 and Guadalupe Road in Mesa, Arizona.
Chase Law Firm currently provides the following legal services:
Consumer Bankruptcy
Don’t spend your time on debt collectors. Bankruptcy allows you to get back to enjoying the things that matter most! Call today.
Chapter 7 for $1806.00
$1500.00 flat fee (may vary) + $306.00 filing fee
Individuals & Small Businesses can qualify!
Chapter 13 for $3781.00 ($1781.00 down)
$3500.00 flat fee (may vary) + $281.00 filing fee
Individuals with regular income can qualify!
Chapter 7 Bankruptcy
Chapter 7 allows individuals to discharge their debt after the liquidation of available assets to pay creditors. Not all property is available for liquidation. Certain property is “exempt” or protected, from liquidation under Arizona exemption laws. These exemptions allow you to:
- Keep your house - up to $150,000 in equity
- Keep your vehicle – up to $5,000 in equity per person
- Keep your retirement or education savings funds
- And more
A complete list of exemptions is available here. Exempt assets stay with the debtor after bankruptcy. If you want to keep non-exempt assets or your income exceeds Chapter 7 guidelines, you may qualify for bankruptcy under Chapter 13.
Chapter 13 Bankruptcy
Chapter 13 provides an adjustment of debts for wage earners or self-employed individuals. The individual is given a discharge of debt after completing a court-approved payment plan from 36 to 60 months. The Chapter 13 plan is based on many factors, including the size and type of debt, and the income of the debtor. Individuals above the median income or who want to keep non-exempt assets may qualify for Chapter 13 bankruptcy.
Contact us for a free consultation to discuss your eligibility for Chapter 7 or Chapter 13 bankruptcy.
Information about Chapter 11 Bankruptcy
If you do not qualify for Chapter 7 or Chapter 13, we can refer you to a qualified Chapter 11 bankruptcy attorney.
Chapter 11 is a reorganization of debts, resulting in payment of debts through an agreement made with creditors while the debtor remains in possession of their assets and/or continues to operate a business. Individuals whose unsecured and secured debt exceeds certain guidelines may file bankruptcy under Chapter 11 of the Bankruptcy Code.
Key Bankruptcy Terms
Creditor – The person or entity that is owed a debt or has a secured interest in property
Debtor – The person or entity that has an obligation to pay money to the creditor
Discharge – A release from personal liability for the repayment of debt
Exempt assets – Property which is protected by law from collection by creditors; the statute providing such protection is referred to as an “exemption”
Liquidation – The sale of property to pay creditors
Non-exempt assets – Property which does not fall within any exemption and is therefore available for liquidation
Secured debt – A debt which is attached to property or collateral, such as mortgages and car loans
Unsecured debt – A debt which has no security for repayment, such as credit cards or personal loans
Contact Us
We offer FREE bankruptcy consultations for bankruptcy. Complete the Bankruptcy Intake Form on the “Contact Us” page and call us at 480-499-5334 to schedule a consultation today!
Debt Collection Defense
Debt collectors only have so many years in which they can legally collect a debt against you. Before that time expires, the creditor or a third-party debt collector must file a lawsuit against you to obtain a judgment for the debt. You cannot be held in contempt of court or arrested for not paying a civil judgment. A judgment gives the creditor or debt collector the right to proceed with collection efforts, such as conducting a debtor’s exam, filing for garnishment, or recording of a lien against real property.
Are You Collectible?
Debt collectors cannot garnish you if you are unemployed. There are restrictions on the amount of wages that can be garnished. Federal law provides that you cannot be garnished if you make less than 30 times the federal minimum wage or approximately $217.50 per week. If you make between $217.50 and $290 per week, only the amount above $217.50 can be garnished. If you earn more than $290 per week, you cannot be garnished more than 25% of your disposable (net) income.
| MAXIMUM GARNISHMENT OF DISPOSABLE EARNINGS UNDER NORMAL CIRCUMSTANCES*FOR THE $7.25 MINIMUM WAGE | |||
| Weekly | Biweekly | Semimonthly | Monthly |
| $217.50 or less:NONE | $435.00 or less:NONE | $471.25 or less:NONE | $942.50 or less:NONE |
| More than $217.50 but less than $290.00:Amount ABOVE $217.50 | More than $435.00 but less than $580.00:Amount ABOVE $435.00 | More than $471.25 but less than $628.33:Amount ABOVE $471.25 | More than $942.50 but less than $1256.66:Amount ABOVE $942.50 |
| $290.00or more:MAXIMUM 25% | $580.00 or more:MAXIMUM 25% | $628.33 or more:MAXIMUM 25% | $1256.66 or more:MAXIMUM 25% |
*These restrictions do not apply to garnishments for child and/or spousal support, bankruptcy, or actions to recover state or federal taxes. Table provided by US Dept of Labor.
Debt collectors cannot garnish social security income (SSI) in your bank account. However they can garnish wages and other monies held in your bank account(s), minus $150.00 of exempt funds. Other exempt property cannot be garnished or attached for collection. A complete list of exemptions is available here.
Contact Us
If you are being contacted by a creditor or debt collector, call us immediately at 480-499-5334 to schedule your FREE consultation.
We offer affordable hourly rates and flat fees on a case-by-case basis.
Debtor’s Rights
Debt collectors are regulated by the Fair Debt Collection Practices Act and other federal and state laws.
Did you know that debt collectors cannot:
- Harass or threaten you with criminal action
- Disclose your debts to friends and family
- Ask your family members to pay your debt
- Call before or after normal hours
- Call your workplace
- Call after you have written them to stop calling
- Misrepresent themselves and who they work for
- Collect fees not included in the original debt or allowed by law
And were you aware that debt collectors must:
- Give accurate information about the status of your debt
- Disclose who they work for
- Disclose the name of the original creditor
- Stop collection efforts during the 30 day verification period
- Request verification of the debt after you have disputed it in writing within 30 days of their first notice
- Report accurate information about your debt to the credit bureaus
Contact Us
If a debt collector is contacting you, call us immediately at 480-499-5334 to schedule your FREE consultation.
Consumer Law & Small Businesses
Federal and state law protects consumers from fraudulent, unfair and deceptive acts and practices. Consumers include individuals like you who are trying to start a new business venture or already small business owners.
Who doesn’t want financial freedom. But, unfortunately, sole proprietors and small business owners are among the many of consumers that are tricked into fraudulent schemes and illegal practices every day. There are literally millions of ways that this can happen, but some examples are:
- fraudulent contractors
- fraudulent license agreements
- false advertising
- identity theft
- fake offers for credit
- one-sided business agreements
And the list goes on…
Whether you’re performing a trade, or starting a sole proprietorship, partnership, or LLC, or becoming a new franchisee – you want to protect your time and investment. A little professional advice can go a long way.
We can also provide you with resources to make you better at protecting your business and yourself!
Before you sign on the dotted line or hand over your hard-earned cash, call us for a free consultation. It’s free!
Contact Us
A little professional advice can go a long way. Call us today at 480-499-5334 to schedule your FREE consultation.
Debt Settlement
Debt collection is a series of efforts by a creditor or debt collector to get you to pay them money. These efforts consist of phone calls, letters, and sometimes lawsuits. If you are unable to pay your debts, being contacted by debt collectors can cause a lot of stress and anxiety. You may have options – do not ignore your debts!
Many unsecured debts, such as credit cards, incur substantial amounts of INTEREST even after the original creditor has “written off” or sold the debt. These debts can still be collected with interest, costs, and fees under the terms of your original credit card agreement. Ignoring them only increases the amount you will owe in the future.
Let Us Try To Negotiate A Settlement
We may be able to help you negotiate a settlement or payment plan that reduces or eliminates interest and fees. We will review your case to determine whether debt settlement is an appropriate choice. The debt settlement process can take several months depending on your individual circumstances and is never guaranteed as it depends on the creditor, the type of debt, and the balance owed. Whether you are facing a debt collection emergency or just trying to get back on your feet, we can help.
Let us negotiate on your behalf so you can get back to living your life. We will obtain verification of the debt, if necessary, and confirm the terms of settlement or repayment so you know that your money counts. We can also discuss how debt settlement may affect your credit, credit score, or credit report.
Contact Us
Before you pay a dime to the debt collector, call us today at 480-499-5334 to review your options or contact us to schedule your FREE consultation.
We offer affordable hourly rates and flat fees on a case-by-case basis.
Foreclosure & Repossession
If you are facing foreclosure or repossession, contact us today at 480-499-5334 to discuss your rights!
Facing Foreclosure in Arizona?
YOU HAVE OPTIONS! Many homeowners struggle with their lender in failed attempts at loan modification before facing foreclosure. You may even receive a notice of trustee’s sale while you are still being reviewed for loan modification. Lenders may offer a “trial” loan modification wherein the homeowner makes a few reduced payments to “qualify” for loan modification – beware this is not a loan modification, or a guarantee that your lender will approve one! You may be throwing your money away.
Don’t be left out on the street, contact us today to discuss your pre-foreclosure options.
Are You About To Lose Your Car?
Repossession is when the lender takes back the property that was pledged or promised as “collateral” for a loan. Most car loans require the car being purchased to be used as collateral for the loan. This ensures payment of the loan. If you don’t pay on time, the lender has a right to take the collateral to satisfy your loan obligation. In Arizona the lender can repossess property without a judgment as long as they do not breach the peace or threaten or use force against you.
Some lenders will repossess if you are late one day or miss one payment. This is called being in “default” because you are not meeting the terms of your agreement. Lenders have started to equip vehicles with ignition controls that allow them to prevent the car from working, making it easier for them to find and repossess it if you are in default. In Arizona, it is illegal to conceal or fail to return a vehicle in default upon request from the lender.
If your property is repossessed, you may have to pay the balance of the loan, plus costs, (not just the missed payments) to get your property back. This is called the “right of redemption.” In Arizona, you may have as little as 10 days after repossession before the property is sold and you no longer have the right of redemption. After the sale, the lender can also sue you for the difference between the balance of the loan, plus costs, and the sale price, also known as the “deficiency.”
In Arizona, lenders must follow certain procedures in the sale of repossessed property to have a right to a deficiency judgment.
Contact Us
Don’t delay! Time is of the essence when facing foreclosure or repossession. Call us today at 480-499-5334 or contact us to schedule your FREE consultation.
We offer affordable hourly rates and flat fees on a case-by-case basis.
Garnishment
Garnishment is the withholding of wages or monies for the benefit of payment to a creditor. Usually the creditor will have obtained a judgment for the debt. Most creditors send a demand letter after obtaining a judgment asking you to pay it.
If the judgment is not paid in full and the creditor does not accept payments, the creditor may file an application for a Writ of Garnishment with the court. The Writ of Garnishment is served on the person or entity where money belonging to the debtor is held, usually your employer or bank, also known as the “garnishee.” You should receive notice of the garnishment from both the creditor and the garnishee letting you know about your right to request a hearing.
After the garnishee is served with the Writ of Garnishment, they must begin withholding funds from your wages or bank account (unless those funds are exempt, see below). The garnishee must also file an answer in court. After the garnishee files an answer, the court will issue an order requiring them to pay the withheld funds to the creditor until the debt is fully paid.
Are You Collectible?
Debt collectors cannot garnish you if you are unemployed. There are restrictions on the amount of wages that can be garnished. Federal law provides that you cannot be garnished if you make less than 30 times the federal minimum wage or approximately $217.50 per week. If you make between $217.50 and $290 per week, only the amount above $217.50 can be garnished. If you earn more than $290 per week, you cannot be garnished more than 25% of your disposable (net) income.
| MAXIMUM GARNISHMENT OF DISPOSABLE EARNINGS UNDER NORMAL CIRCUMSTANCES*FOR THE $7.25 MINIMUM WAGE | |||
| Weekly | Biweekly | Semimonthly | Monthly |
| $217.50 or less:NONE | $435.00 or less:NONE | $471.25 or less:NONE | $942.50 or less:NONE |
| More than $217.50 but less than $290.00:Amount ABOVE $217.50 | More than $435.00 but less than $580.00:Amount ABOVE $435.00 | More than $471.25 but less than $628.33:Amount ABOVE $471.25 | More than $942.50 but less than $1256.66:Amount ABOVE $942.50 |
| $290.00or more:MAXIMUM 25% | $580.00 or more:MAXIMUM 25% | $628.33 or more:MAXIMUM 25% | $1256.66 or more:MAXIMUM 25% |
*These restrictions do not apply to garnishments for child and/or spousal support, bankruptcy, or actions to recover state or federal taxes. Table provided by US Dept of Labor.
Debt collectors cannot garnish social security income (SSI) in your bank account. However they can garnish wages and other monies held in your bank account(s), minus $150.00 of exempt funds. Other exempt property cannot be garnished or attached for collection. A complete list of exemptions is available here.
Contact Us
If you are being contacted by a creditor or debt collector, call us today at 480-499-5334 or contact us to schedule your FREE consultation.
We offer affordable hourly rates and flat fees on a case-by-case basis.
Consumer Law & Fraud
In Arizona “consumer fraud” is defined as
- the act, use or employment
- by any person of
- any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of
- any material fact
- with intent that others rely upon such concealment, suppression or omission, in connection with
- the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby
The Act protects consumers from fraud in the sale or advertisement of goods, services, and real estate. There is a one year time limit to sue for consumer fraud under the Arizona Consumer Fraud Act. Individuals can also sue for common law fraud within three years, including any type of transaction for goods, services, loans and investments, or the sale of real estate.
Contact Us
Contact us immediately if you believe you have been the victim of fraud. Call us today at 480-499-5334 to schedule your FREE consultation.
False Advertising
False advertising falls within the Arizona Consumer Fraud Act, which defines consumer fraud as the “act, use or employment by any person of any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby.”
The Act includes the sale of goods, services, and real estate. There is a one year time limit to sue for false advertising under the Arizona Consumer Fraud Act. Individuals can also sue for common law fraud in false advertising within three years, including any type of transaction for goods, services, loans and investments, or the sale of real estate.
Contact Us
Contact us immediately if you believe you have been a victim of false advertising. Call 480-499-5334 to protect your rights or contact us to schedule your FREE consultation.
We offer affordable hourly rates and flat fees on a case-by-case basis.
Partnership Disputes
Chase Law is here for your small business, partnership, or limited liability company (LLC) needs.
- Formation documents
- Operating agreements
- Partnership disputes
- Business dissolution and winding up
- Civil litigation
There can be many unanticipated problems involved in creating and operating a business. We can provide legal advice to guide you in your decision-making process and assist you in the formation of business agreements that will minimize disputes.
To manage the many changes to your business operations, you need an effective operating agreement that changes with the company rather than constricts it. Don’t have one yet? It’s not too late!
Chase Law can help negotiate the dissolution and winding up of your business affairs if your business or partnership is at an end. Let us deal with your creditors and properly close up your business.
When you go into business with someone the last thing you expect is a fight. Chase Law can represent you in court and litigate on your behalf in business and partnership disputes.
Contact Us
Call us at 480-499-5334 or contact us for a free consultation regarding your business needs today.
Breach of Contract
Chase Law can assist you with pursuing or defending against a contractual dispute. Whether it’s in writing or just a hand shake, let Chase Law review your case to determine what options are available to you.
Contact Us
Call Chase Law at 480-499-5334 or contact us today.
We offer affordable hourly rates and flat fees on a case-by-case basis.
Civil Litigation
Are you being sued? Let us help.
Litigation is complicated, confusing, and usually stressful. Chase Law has the knowledge to get you through the civil litigation process.
Whether you seek settlement, mediation/arbitration, or a trial, we will advocate on behalf of your interests.
Contact Us
Call Chase Law at 480-499-5334 or contact us today to discuss your case. We offer affordable hourly rates and flat fees on a case-by-case basis.
