Ayala Law is happy to announce that we have obtained a $66,224.44 arbitration award for our client in a dispute involving a year-and-a-half arbitration proceeding.

The arbitration case involved a claim filed by our client alleging that the dealer sold her a defective vehicle with a tampered odometer, on a vehicle that was advertised and sold as “certified pre-owned.”

During the arbitration case, we were able to uncover that the Fort Lauderdale Mercedes-Benz, after the initial certification, never re-certified the vehicle prior to selling it to our client, despite the fact that they sold the vehicle to another buyer, after the original certification, but before the ultimate sale to our client.

The case went to a final, two-day arbitration hearing (the equivalent of a state or federal court trial), in which we presented evidence on the multiple issues found in the vehicle, despite their client never being in a collision or otherwise failing to properly care for it.

We also showed at the hearing that the client, following the advice of a certified Mercedes-Benz mechanic shop, was advised to stop using it as it was unsafe to drive, and she in fact did so.

The arbitrator awarded rescission damages of $51,971.82. What this means is that our client is able to return the vehicle that they haven’t been able to use for nearly two years, and that the dealer has to pay them the rescission amount.

In addition, the arbitrator awarded $14,252.62 in damages under our client’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim.  The arbitrator also ruled that, under FDUTPA, our client is entitled to their attorney’s fees and costs. You can read the arbitrator’s award here.

Attorney Eduardo A. Maura and Ryan Sawal litigated the case. As stated by attorney Eduardo A. Maura, “We are extremely happy with the result. Our client was a very honest and competent professional that did all the right things in this case, including waiting for over two years to achieve justice, and withstand every tactic from the dealer. We are glad that the arbitrator was able to see through the dealer’s ‘the car is perfect’ line of arguments.”

For more information on business disputes, product defect cases, or arbitration, contact an experienced business, arbitration, and product defect attorney in Miami at 305-570-2208.

You can also contact arbitration attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

Ayala Law successfully secured a $25,000 settlement in a case involving claims for breach of contract and negligent misrepresentation regarding a vehicle that was the subject of the contract. The case also involved dozens of unauthorized credit checks that severely impacted the Plaintiff’s credit score.

The Plaintiff’s Fair Credit Reporting Act (FCRA) claim focused on Section 1681b, which outlines the “Permissible Purposes of Consumer Reports.”

The case lasted a year and a half, with Ayala Law advocating for the client’s rights and achieving a favorable resolution.

“Breach of contract cases like this underscore the real-life impact of negligent practices on consumers,” said Eduardo A. Maura, founding attorney at Ayala Law. “We’re proud to have helped our client achieve justice and recover damages for the harm they endured.”

If you need legal assistance with a breach of contract or negligent misrepresentation, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

If you’ve lent money to someone through a promissory note, you might be wondering what happens if the borrower passes away before repaying the debt. Can you still collect the owed money? The short answer is yes, but the process can be more complicated than usual. 

In this blog post, we’ll explain how you can collect on a promissory note after the borrower’s death, covering the legal steps involved, your options for recovery, and how an experienced attorney can help you through the process.

What Is a Promissory Note?

Before we dive into the steps for collecting on a promissory note after death, let’s clarify what a promissory note is. A promissory note is a legal document that formalizes a loan agreement between the lender and the borrower. It includes the terms of the loan, including:

• The loan amount
• The interest rate
• The repayment schedule
• The borrower’s promise to pay

Promissory notes can be used for personal loans, business loans, and even mortgages. They are legally binding contracts that offer a clear path for enforcement, even after the borrower’s death.

Does the Borrower’s Death End the Debt?

Many people assume that when the borrower dies, the debt disappears. Unfortunately, that’s not the case. Debts typically do not dissolve upon the death of the borrower. Instead, the debt becomes part of the deceased person’s estate.

An estate is a legal entity that is responsible for managing the deceased person’s financial affairs, including paying off any outstanding debts. The estate is administered by a personal representative, which could be a family member, a trusted friend, or a professional fiduciary, such as an attorney or accountant.

Step 1: Locate the Deceased Borrower’s Estate

The first thing you need to do is locate the borrower’s estate. If you don’t know who the personal representative is, you can check the probate court’s records in the county where the borrower lived.

In Florida, a probate process is required to distribute the assets of the deceased person. If the borrower had a will, the probate court will generally appoint the individual named in the will to serve as the personal representative. If there was no will, the court will appoint a representative according to state laws.

Step 2: File a Claim Against the Estate

Once you locate the estate, you’ll need to file a claim for the money owed to you. Here’s what you should know:

• Notify the Personal Representative: The personal representative is responsible for paying off debts and distributing assets according to the will (or state law, if there is no will). Contact the representative and notify them of your promissory note and the amount owed.
• File Your Claim: In Florida, creditors must file a claim with the probate court within a specific time frame (usually 3 months from the date of the Letters of Administration, which is the official notice the court sends when the personal representative is appointed). Be sure to file your claim promptly to avoid losing your right to collect.
• Provide Documentation: To support your claim, you’ll need to present proof of the promissory note and any related documentation. This may include the signed note itself, records of payments made, or any correspondence with the borrower.

Step 3: Wait for the Estate’s Assets to Be Distributed

After you’ve filed your claim, the personal representative will assess all debts and determine how to distribute the estate’s assets. The estate may need to sell assets, such as property or investments, to pay off outstanding debts.

• Priority of Debt Payments: It’s important to note that not all debts are treated equally. In general, debts such as funeral expenses, taxes, and secured loans are given priority. If there are insufficient assets in the estate to pay all debts, you may only receive a portion of what you’re owed.
• Unsecured vs. Secured Debt: If your promissory note is secured (meaning it’s backed by collateral like property or assets), you may have a better chance of recovering your full payment. However, if the note is unsecured, the amount you can recover may depend on the estate’s remaining assets after priority debts are paid.

Step 4: What Happens if the Estate Cannot Pay the Debt?

In some cases, the estate may not have enough assets to cover all of its debts, including yours. If this happens, you may be out of luck, depending on the type of debt you are owed and the estate’s situation.

• Estate Insolvency: If the estate is insolvent (meaning it doesn’t have enough assets to cover its liabilities), creditors may have to share the estate’s remaining assets proportionally. You may only recover a fraction of what you’re owed or nothing at all if there are higher-priority debts.
• Personal Liability of the Borrower’s Heirs: Generally, heirs are not personally responsible for the deceased person’s debts unless they co-signed the promissory note or are otherwise legally liable. This means you typically cannot go after the borrower’s family members to collect the debt.

Step 5: Consider Legal Action

If you’re unable to recover the debt through the probate process, you may need to consider legal action. This could include filing a lawsuit against the estate or its representative. Our experienced attorneys can help you determine whether this is a viable option based on the specifics of your case.

Should You Work with an Attorney?

Navigating the process of collecting on a promissory note after the borrower’s death can be challenging, especially when dealing with the probate process. Working with an experienced debt recovery attorney can help ensure that you follow the correct steps and protect your rights.

A lawyer can help you:

• Understand your legal options
• File the claim on your behalf
• Handle negotiations with the estate’s personal representative
• Pursue additional legal actions if necessary

Conclusion: Protect Your Debt and Take Action

Lending money through a promissory note is an important step in many business and personal relationships. However, when a borrower passes away, it can complicate matters and create uncertainty about how to collect the debt. By following the appropriate legal steps and working with a trusted attorney, you can increase your chances of recovering the money you’re owed.

If you need help with collecting on a promissory note after the borrower’s death, contact one of our attorneys at 305-570-2208. You can also email our attorney Eduardo A. Maura directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

Imagine buying a product that you trust will work as intended, only to have it cause you harm due to a defect. It’s a scenario no one wants to face, but defective products injure thousands of people and their property every year.

In this blog post, we’ll break down the key legal standards for manufacturer liability, helping you understand your rights and what steps to take if you’re dealing with a defective product. 

What Does Manufacturer Liability for a Defective Product Mean?

Manufacturer liability refers to the legal responsibility a company has when its product causes harm due to defects in design, manufacturing, or marketing. These cases typically fall under products liability law, which is governed by both federal and state statute. The purpose of products liability law it to ensure that companies are held accountable for producing and selling unsafe or malfunctioning products. It’s important to remember when dealing with defective products, liability can extend to other parties in the supply chain, such as distributors and retailers.

Examples of Real-Life Product Liability Cases Litigated by Ayala Law

Case 1: Exploding Grills: Ayala Law brought a case on behalf of its client and a class of consumers who purchased grills from a producer. The Complaint alleged that the grills themselves were defectively designed as they did not allow for adequate ventilation for runoff liquid propane to dispel resulting in spontaneous combustion. You can read more about this case here. 

Case 2: Defective Gene Sequencing Unit: Ayala Law filed a lawsuit on behalf of its client alleging that the client paid over $300,000 for genetic sequencing equipment which was ultimately unusable. You can read more about this case here:

What Are the Types of Defects That Can Lead to Liability?

To determine whether a manufacturer is liable, it’s essential to understand the types of defects that can make a product dangerous:

1. Design Defects

• A design defect occurs when the product is inherently unsafe due to its design. Even if the product is manufactured correctly, the design itself makes it dangerous.
• Example: A household cleaning spray’s formula is discovered to expose users to cancer and other health complications.

2. Manufacturing Defects

• These defects happen during the production process, resulting in a product that doesn’t meet design specifications.
• Example: A batch of bicycles constructed with a missing connection in the brake line due to a manufacturing error.

3. Marketing Defects (Failure to Warn)

• Also called “failure to warn” or “inadequate instructions,” these defects occur when a product lacks proper warnings or instructions to ensure safe use.
• Example: A medication that doesn’t include warnings about dangerous side effects.

When Is a Manufacturer Strictly Liable for a Defective Product?

Florida follows a strict liability standard in product liability cases. This means that you don’t have to prove that the manufacturer was negligent; you only need to show that:

• The product was defective.
• The defect caused your injury.
• You were using the product as intended.

Strict liability makes it easier for injured consumers to hold manufacturers accountable without needing to prove fault or negligence.

What Damages Can You Recover in a Product Liability Case?

If you successfully prove your case, you may be entitled to compensation for:

• The Product Itself: Costs for replacing or reimbursing the user for a defective product.

• Medical Expenses: Costs for treating injuries caused by the defective product.
• Property Damage: Costs to repair or replace damaged property.
• Pain and Suffering: Compensation for physical and emotional distress.
• Punitive Damages: In cases of extreme negligence, you may also receive punitive damages to punish the manufacturer.

Need Help with a Defective Product Case? Contact Us!

If you or a loved one has been purchased what you believe to be a defective product, you don’t have to navigate this process alone. At Ayala Law, we specialize in holding manufacturers accountable for defective products, and will fight to ensure you receive the compensation you deserve while guiding you through every step of the legal process.

If you need legal help with this issue, contact one of our attorneys at 305-570-2208. You can also email our attorney Eduardo A. Maura directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].