Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leon Bayer
1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Who should I name as defendant in CA small claims case

I paid cash for a used motorcycle from a repair/dealership owned by someone I have known a long time. The owner himself sold it to me. I gave him the cash, he gave me the title and keys. Done deal right? Well turns out the title he gave me was 'invalid'. I found this out after bike was... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

nAME BOTH OF THEM, AND LET THE COURT DECIDE.

1 Answer | Asked in Collections and Small Claims for California on
Q: Hi I am being sued by Capital one, in 2020 during the pandemic my wages were reduced, and I fell behind. Can you help?

I was up to date with payments with them until I just couldn't even afford the minimum payment. I was barely able to pay my rent. I work in the restaurant industry, and it was hit hard. I did try to work out something with them but what they wanted I still couldn't afford. I stopped... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

The restaurant industry was hurt terribly, (and unnecessarily in my opinion), by government regulations and forced closures.

I suggest you visit a bankruptcy lawyer immediately, for a consultation. Most of us BK lawyers do not charge you for a consultation. I can't say at this point...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: A company advertised a product as "free" and "no strings attached" but charges for non returns, is that false advert?

A company recently charged me for unreturned equipment that was given for free with no strings attached. The terms and conditions does not specify this particular product which is not owned directly by the entity. The entity advertised the equipment as free and no strings attached. I never paid for... Read more »

Leon Bayer
Leon Bayer
answered on Jun 21, 2022

How did they get paid?

1 Answer | Asked in Consumer Law and Banking for California on
Q: I'm needing a Consumer Protection lawyer - pro bono in California. Chargeback dispute with Bank of America
Leon Bayer
Leon Bayer
answered on Jun 17, 2022

I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.

3 Answers | Asked in Bankruptcy for California on
Q: Hello,My family member is on disability and not working for 2 years. Has thousands dollars of debt on credit cards.

which was established during the education, and paying hundreds of dollars each month for the principal and interest since 2013. Trying to have help from the programs, e.g., related to COVID, but representatives did not help, just tried to involve into the new obligations.

I found you on... Read more »

Leon Bayer
Leon Bayer
answered on Jun 13, 2022

I suggest you take that person to see a bankruptcy lawyer, immediately. Most BK lawyers do not charge for a consultation.

View More Answers

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

Your friend needs to have somebody read the contract to him. Does the contract say the price of the car is $30,000 or is it $32,000?

View More Answers

2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it.

I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into...
Read more »

View More Answers

1 Answer | Asked in Small Claims and Bankruptcy for California on
Q: I have to clear two expired; unsatisfied judgments. To negotiate a settlement, what type of lawyer do I need for this

I am pursuing a California professional state license that requires a credit check and might need to clear up some old judgments from 10 and 14 years ago. I can pay the amounts originally owed, but adding on the interest pushes beyond what I can afford. Is it possible to make this type of deal with... Read more »

Leon Bayer
Leon Bayer
answered on Apr 18, 2022

A bankruptcy lawyer should be able to provide you with legal advice and representation for this matter. In fact, both of those judgments may have expired and become unenforceable due to the passage of time, unless they were timely renewed.

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Storage is confinscated

I rented a storage unit yesterday, paid $165 it’s paid thru April 3. today I was locked out and my stuff is being kept unless I pay $689.00 because of a unit I rented that was sent to collections 18 years ago. Is this legal?

Leon Bayer
Leon Bayer
answered on Mar 6, 2022

It is not legal what they are doing. The statute of limitations on that contract and any warehouse lien expired more than a decade ago. They are in breach of your new contract, guilty of conversion, fraud, and in violation of the covenant of good faith and fair dealing. They would have been within... Read more »

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can we do an agreement without A?

1: Person A owes our company $10,000.

But, he is not answering the phone, no email reply, no postmail reply.

We have his address, but not sure he still lives there.

2: Person B(A's relative) told us he will pay us A's debt for 10 installments.

3: We... Read more »

Leon Bayer
Leon Bayer
answered on Mar 4, 2022

Sure, you can do it yourself, but if you want an enforceable agreement, you should have a lawyer handle it.

Frankly, I see no point to any this and I think your just getting played. If B wants to pay, then what is stopping B? A and B are probably the same person. Even if they are...
Read more »

2 Answers | Asked in Business Law and Collections for California on
Q: We accidentally overpaid a vendor through ACH. We have tried contacting them but they are avoiding us now.

We hired a vendor to do some small work for our business. We set up their banking information since they preferred to get paid that way. Due to an error on our end, we accidentally overpaid them $3000. I have reached out several times through email and even got a read receipt email confirmation... Read more »

Leon Bayer
Leon Bayer
answered on Feb 25, 2022

They are not entitled to keep the overpayment. I suggest you sue them immediately in small claims court. Don't delay. Your local court will even help you fill things out and explain what you must do.

View More Answers

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer
answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

1 Answer | Asked in Consumer Law, Products Liability, Business Formation and Business Law for California on
Q: Is it illegal to resell abandoned used cloths?
Leon Bayer
Leon Bayer
answered on Jan 19, 2022

Selling used clothes is legal.

1 Answer | Asked in Collections and Small Claims for California on
Q: Is a golfer required to pay property damage (i.e. broken window) while playing a normal game of golf?

Incident happened while using the driver at a tee box that was very close to a townhouse on the course.

Leon Bayer
Leon Bayer
answered on Jan 18, 2022

Yes, you are responsible. The window was not broken until you hit a ball and it struck the window, breaking it. Why would you think that you don't need to pay for it?

1 Answer | Asked in Consumer Law, Family Law and Health Care Law for California on
Q: Clinic called me later saying they messed up billing and now I owe them more money

I received treatment from a planned parenthood and paid my bill in full at the end of my appointment. Later that night, I received a call from them saying they made a mistake and didn’t charge me properly and now I owe them another 125$. Do I need to pay this even though they’re the ones who... Read more »

Leon Bayer
Leon Bayer
answered on Dec 4, 2021

How did they "mess up"? You owe what the treatment cost, plain and simple. If they gave you the correct bill at the time of your treatment, you would have paid, wouldn't you? So what is different about giving you a corrected bill later on the same day?

Don't you ever...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: Hi does a store like Walmart have to honor a price glitch that they posted on their website. I’m from California

They also sent an email saying I requested a cancellation when that is absolutely false.

Leon Bayer
Leon Bayer
answered on Nov 2, 2021

No, they do not have to honor it.

1. Advertised prices are legally considered to be only invitations for you to make an offer. The final price is subject to the seller's approval.

2. The law is very liberal in most circumstances about giving everyone relief from an honest...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: I am trying to cancel a reservation I made for August of 2022. Their policy says I can, but they are not doing it.

They keep avoiding my calls. They don't return my email messages. Its like they just do not want to cancel. Who do I turn them into?

Leon Bayer
Leon Bayer
answered on Oct 23, 2021

Stop payment on it through your credit card that you used to make the reservation.

1 Answer | Asked in Consumer Law for California on
Q: What are the legalities behind doing online giveaways/raffles?

What are the legalities behind doing online giveaways/raffles?

I have had the thought of starting a project that would give back. It would require the sale of a ticket that would let you participate in giveaways for the holiday season. prizes would be drawn everyday. Winners will be... Read more »

Leon Bayer
Leon Bayer
answered on Oct 22, 2021

Your plan is completely illegal.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Lemon Law for California on
Q: Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is avai

Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is available at a Mazda certified dealership and the person that takes pictures of the car disclosed the information that this car had been in an accident and that it did not need to be... Read more »

Leon Bayer
Leon Bayer
answered on Oct 22, 2021

It should be traceable IF anybody filed a DMV SR-1 report. Otherwise, I doubt there is any way to know.

I suggest you ask the dealer to provide you with a copy of the collision damage repair statement. The car was probably sent out to an independent shop. Most dealers do not do their own...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.