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Questions Answered by Leon Bayer
2 Answers | Asked in Banking, Business Law and Collections for California on
Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?

My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.

Leon Bayer
Leon Bayer
answered on Dec 25, 2023

Things like this normally go through a process of sending you a series of collection letters, and if not paid will eventually go to a collection agency or lawyer. Nobody is going to make a big deal over a $5000 debt unless they can identify assets or income that a court judgment could be enforced... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: I bought a used luxury vehicle in 2020. Since the beginning the vehicle has been a lemon. Corporate won't respond. Help.

I bought a used Lexus in CA in 2020. Since I literally left the parking lot, the light on the dashboard has been on. The vehicle is constantly needing service. I have tried several times to contact corporate, but they still have not returned my calls or emails. The dealership is very... View More

Leon Bayer
Leon Bayer
answered on Dec 18, 2023

This is apparently not a lemon law problem. Lemon law applies only to vehicles that are still under the manufacturer's warranty. You bought an after-market warranty. However, you have plenty of very legitimate grievances. The Better Business Bureau and the Calif Dept of Consumer Affairs... View More

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3 Answers | Asked in Bankruptcy and Family Law for California on
Q: Why do I have to give my husband’s bankruptcy attorney my income and pension information? We live in California and name
Leon Bayer
Leon Bayer
answered on Dec 14, 2023

Think about it. It's logical. (Also, the law requires it.) Here's why that is.

First, you live in a community property state. The law says that community property belongs to both spouses, even though you yourself don't practice doing that. The law overrides how you and your...
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2 Answers | Asked in Real Estate Law, Consumer Law, Contracts and Business Law for California on
Q: Moreno Valley, CA. lien placed on self-storage unit for non- payment. set for auction. I HAVE THE PAYMENT RECEIPT.

June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the... View More

Leon Bayer
Leon Bayer
answered on Dec 7, 2023

Problems like this really can't be solved without significant homework. It is urgently necessary to put together copies of all your receipts and then see if it all adds up to the number of payments, (plus any late fees) that should have been paid going back to the beginning of the contract.... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

Leon Bayer
Leon Bayer
answered on Nov 21, 2023

You can sue the mechanic. Your claim for damages is going to be the daily rental value of the vehicle. Keep in mind that you must prove the case. Your uncle's testimony will be needed in court. However, ketchup packets normally do not have the name and address of a restaurant. Usually, it says... View More

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2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More

Leon Bayer
Leon Bayer
answered on Nov 20, 2023

It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.

The law strongly favors seeing the bank recover...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a dealership repo my car if the mechanic left tools when fixing a flat tire and somebody stole them?

Mechanic left tools to go get a socket to fit my lug nuts and someone stole them while I was inside getting my purse. Dealer has threatened to repo car if tools are not returned. I don't know who took them. I didn't see any tools when I was at my car.

Leon Bayer
Leon Bayer
answered on Oct 21, 2023

The dealer has absolutely no right to do that. That would be the same as grand theft auto and you can sue his ass off!

The dealer is a jerk. You can set him up. Ask him to put that in an email. If he is stupid enough to do that, use the email to file a complaint with the California Bureau...
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2 Answers | Asked in Criminal Law and Collections for California on
Q: If s.o. is arrested & bailed out before the court date,then it is a DA reject & bail is exonerated; isn't bail $ return?

With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo?

Leon Bayer
Leon Bayer
answered on Oct 20, 2023

Bail bond has not been eliminated across the board. Only in certain classes of cases. It sounds like there is still a bail bond required in your particular case. If so, the payments are required to pay the premium for issuing the bail bond.

A bail bond is actually a personal loan. The...
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2 Answers | Asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California on
Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims... View More

Leon Bayer
Leon Bayer
answered on Oct 18, 2023

I’m terribly sorry for what this must have done to you and your family.

I suspect that your insurance claim will be denied IF your son was a resident of your house.

If he did not live with you, you stand chance that your insurance will cover the property damage. However the...
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2 Answers | Asked in Contracts and Consumer Law for California on
Q: I made a hasty decision and signed up for an online music school that I really can’t afford. Can I cancel the contract?

I just signed it today - I’m in NY, the contract and school are in CA. I was in my home when I signed the contract. I wasn’t informed of any cooling off period or given cancellation forms to use within the cooling off window.

Does the FTC cool off rule apply here? The contract... View More

Leon Bayer
Leon Bayer
answered on Oct 5, 2023

You may have leverage under both California and Federal law. Here is the link to a good discussion to begin your research. https://www.upcounsel.com/3-business-days-to-cancel-contract#:~:text=If%20that%20doesn't%20work,notice%20to%20the%20other%20party.

How did you pay the deposit?...
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3 Answers | Asked in Consumer Law for California on
Q: My car has been in the repair shop since 6/2021

I bought a 2014 in in 2021 corvette with 43k miles 1 month later the engine broke down the dealer said since i bought it as is he couldnt help me. I towed it to a shop on 6/2021 paid him 9k upfront

On 9/21 he said he needed more money for some other parts i gave him 8k cash. Everytime i... View More

Leon Bayer
Leon Bayer
answered on Oct 4, 2023

Basically, I think you are screwed. I would remove the car from the shop, immediately.

You can then sue the shop owner in small claims court for up to $10,000 because of his expired license and for breach of contract, but don't hold your breath while you try to collect.

Guys...
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2 Answers | Asked in Consumer Law, Banking, Civil Litigation and Civil Rights for California on
Q: Which type of lawyer can help me to get my money, maybe suing BofA for stealing from me and misguide me during 4 years?

Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2023

I assume the cash was successfully deposited into your bank account. If so, the only issue is the other contents of your box.

But you don't say what else was in the box. Perhaps you will get a better answer if you tell us what else was in the box. Obviously, if it was some tickets to...
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3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

Leon Bayer
Leon Bayer
answered on Sep 21, 2023

I am sorry this happened. But I don't see where the bank is to blame. If I understand you correctly, you expected to benefit from these transactions, making you a willing, (although a duped) participant in a possible fraud scheme. I think the bank is not to blame.

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2 Answers | Asked in Consumer Law for California on
Q: Car rental overcharged me, and still have my deposit...who would advise on this matter for me?

Car rental extended for one day I was charged over $200...two of the fees were already paid when I picked up the car and because I extended the rental they're saying that I have to pay those two fees again I already had the car why do I have to pay another service fee when I've already... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2023

I think that booking.com treated the transaction like a new original booking instead of an extension to the original reservation. It might be helpful if you submit a new question and tell us exactly how the extension was made - was it thru booking.com or the actual rental company, and who have you... View More

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2 Answers | Asked in Consumer Law for California on
Q: California state .Dry cleaners .lost my garment. Are they liable for cost of purchase or the current cost of replacement

I purchased my garment many years ago but it was in very good condition. Not worn much. Taken good care of. Cost of current purchase to replace garment being a lot more than the cost of purchase over 10 yrs ago. Should the dry cleaners only cover the cost of the garment being around the amount at... View More

Leon Bayer
Leon Bayer
answered on Aug 30, 2023

I'm sorry your dry cleaner ruined your garment. Legally, you are entitled to the current market value - which is what the Salvation Army or Goodwill would sell it for. The same exact formula would be used if a 10-year-old car got wrecked in a car accident, you can't recover the price of a... View More

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2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for California on
Q: A family member got court appeal judgement to pay $5,000 immediately which is final.Lives in poverty,no income. Options?

A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?

Leon Bayer
Leon Bayer
answered on Aug 14, 2023

I'm sorry about this person's hardships. The motorhome should qualify as a residence in California and be protected from judgment collection. Thus it won't matter if the judgment is never paid.

Your family member should file for Social Security Disability, SSD. SSD is protected from creditors.

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Auto insurance cancelled. Was this legal? Can they reinstate policy?

Thought someone was in an accident using my car so I opened up a claim form online but didn’t complete it because it turns out they weren’t driving my car. Several months later my insurance sends email to my 82 yo mom (policyholder) asking for information re. an accident claim. I told her I... View More

Leon Bayer
Leon Bayer
answered on Aug 8, 2023

You can't register the car because you have no insurance. The solution is for you and your mom to get the car insured with another company.

Frankly, your insurance company was, (in my opinion), well justified in canceling the policy. Reporting an accident, and then saying it...
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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Are they liable for their false statements on their website that caused my failure to pay?

In 2016 I purchased a new Hyundai, financed it through Hyundai Motor Finance and managed the payments via their MyHundai app. I did so until December of last year, when upon accessing the site the payment page was replaced with a single message that read “your loan has been paid in full.” Fast... View More

Leon Bayer
Leon Bayer
answered on Jul 25, 2023

Did you ever get the pink slip? Was there ever a lapse in your car insurance? Did you ever make late payments? Did you receive any letters prior to the repo saying you owed the $1200?

I think you would have a tough time in court trying to prove a wrongful repo, unless you have the pink...
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3 Answers | Asked in Bankruptcy and Intellectual Property for California on
Q: In Ch7 Bankruptcy can a Creditor demand access to / claim my old unsold screenplays as an IP/asset to satisfy the debt?

I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.

Leon Bayer
Leon Bayer
answered on Jul 13, 2023

Would you like to get the last laugh?

For my answer, I will assume that you have no tangible assets such as real estate. If so, you are entitled to exempt roughly $30,000 of assets, plus something for clothing, furniture, etc. That $30,000 can be applied to your IP. I also assume that she...
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2 Answers | Asked in Landlord - Tenant, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Leon Bayer
Leon Bayer
answered on Jul 8, 2023

You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your... View More

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