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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11334
Experience:  JD, MBA
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is a creditor who is not a business required to certify ...

Resolved Question:

is a creditor who is not a business required to certify mail notify the debtor of a change of phone number (arizona)
Submitted: 8 years ago.
Category: Legal
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me to address your legal question.

No, generally speaking a creditor is not required by law to notify a debtor of his phone number by certified mail or otherwise.

If the vehicle was actually given as a gift, then your obligation to pay for it is extinguished (and bear in mind – once given, gifts cannot be revoked). However, a mere promise to give a gift in the future is not binding at all and cannot be enforced.

Arizona law does require the seller to notify the buyer that the vehicle is salvaged, however. Specifically, the law states:

28-2091. Salvage certificate of title; nonrepairable vehicle certificate of title; recovered vehicles; violation; classification; definitions

N. Any person who sells a vehicle for which a salvage certificate of title has been issued and who knows a salvage certificate of title has been issued for the vehicle shall disclose to the buyer before completion of the sale that the vehicle is a salvage vehicle.

You can view the applicable law HERE. Therefore, depending on the facts (such as how long you had the vehicle and when you found out that it was salvaged), you could have an argument for rescinding the sales contract, or at least for damages (i.e. the judge could order the seller to return part of the sales price to you). In order to do that, you would need to sue the seller in small claims court (assuming the amount in question does not exceed $2500). You can read about how to sue in Arizona’s small claims court HERE.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

Customer: replied 8 years ago.
Reply to BoredAtty's Post: Thank you very much... but in case you didnt understand, the seller moved out of state to CA will not respond to her emails, and changed his number so she couldnt contact him. He promised it as a Xmas gift which we know would not be enforcible, but when he accuses her of not responding, and is the one who will not answer for months, and changed his phone number it seems not right... her one sided not responded to emails can be documented to establish she the buyer made every attempt tpo contact. He is being agressive now becauise she did not want to move in with him out of state and ended a 5 month relationship in whjich he gave it to hewr at Xmas (whatever) but now is threatening law suit or repo or fulll payment... He with held the title is listed as on top of title her owner him lienholder, calls it a lease and with held the title from her. When I saw it as an x-dealer myself I knew she might have a case... Please respond and I will accept Thank You
Expert:  TJ, Esq. replied 8 years ago.

The fact that the seller did not share his contact information with the buyer would be a defense to breach of contract for non-payment for the period that the seller could not be reached, but it is not a defense against paying what was owed now that the seller wants his money. Therefore, the seller would be within his rights to sue and/or repossess the vehicle if the buyer does not pay the amount owed to that point. The buyer should have put the money that she owed aside so that she could immediately pay the seller a lump sum when he did finally ask for the money.

For example, if John owes Fred $100 per month, and Fred disappears, then John should put $100 aside each month so that he may pay Fred a lump sum when Fred reappears. The fact that Fred disappeared does not absolve John of the responsibility to pay Fred for those months that he could not be reached. So, if Fred reappears after 6 months, then John immediately owes Fred $600. If John does not pay Fred $600, then Fred may rightfully sue John.

It is normal for the lienholder to hold the title, but as mentioned, the buyer should have been made aware that she was buying a salvage vehicle. Therefore, based on what you wrote she has a case against the seller.

Did I answer your questions? Thank you in advance for your “accept.”

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11334
Experience: JD, MBA
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