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Questions Answered by Leon Bayer
3 Answers | Asked in Consumer Law and Contracts for California on
Q: A contractor won't honor their own promo. What can I do?

I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... Read more »

Leon Bayer
Leon Bayer
answered on May 16, 2023

There is nothing wrong with the first two answers that have been given to you, but I am going to give you an answer that comes from an entirely different direction.

Why would you still consider doing business with this company? You simply can't trust them. The way they handled this...
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3 Answers | Asked in Bankruptcy for California on
Q: Is my unborn baby considered part of California's Median Family Income? Or does that start at birth?

I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.

Leon Bayer
Leon Bayer
answered on May 16, 2023

In California the prevailing policy is to determine household size by the number of "heads on pillows."

Hopefully it won't make any difference whether you count the baby. If it makes a difference, then wait to file, if possible, until after the baby is born. Or else file now,...
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5 Answers | Asked in Consumer Law, Banking, Civil Litigation and Collections for California on
Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?

A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... Read more »

Leon Bayer
Leon Bayer
answered on May 10, 2023

It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?

I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should...
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2 Answers | Asked in Personal Injury and Animal / Dog Law for California on
Q: Can someone help me file a claim against the United States Post Office for hitting my chihuahua which is a service anima

March 21st which was a Tuesday 2023 approximately 3:00 p.m. to 3:30 p.m. across the street from a school in school crosswalk my chihuahua was hit the postal worker that hit my chihuahua did not stop this was a hit and run

Leon Bayer
Leon Bayer
answered on May 8, 2023

I am sorry to hear about your dog. I hope your dog is ok.

I assume your dog was running loose, or else you probably would have been hit too.

Unless your dog was on a leash, I feel you have no case. Your dog should not have been roaming around.

However, you are entitled to...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: 2 years ago I had solar panels installed. They told me I wouldn't pay Edison anymore instead I am. I want to sue them
Leon Bayer
Leon Bayer
answered on Apr 18, 2023

I hope you prevail, but I fear that you have a tough row to hoe. Your lawsuit, if you file one, is likely to be confined solely to what was put in writing. I really doubt that the solar company made any such promise like that in writing. Salesmen, especially those selling home improvements, can... Read more »

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: When it comes to contracts

When it comes to contracts can company put anything they want on the contract or there has to be certain policy and terms that they have to follow or legal steps?

Leon Bayer
Leon Bayer
answered on Apr 11, 2023

Every consumer contract made in the State of California must comply with oodles of legal requirements that are intended to protect consumers. That said, there is still plenty of room left for a business you are dealing with to put requirements into a contract that you might not be happy with.... Read more »

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2 Answers | Asked in Consumer Law for California on
Q: So basically I fallen begin on my car payment I am only late by 2 payment .I have reinstate my insurance last month.

So basically I fallen begin on my car payment I am only late by 2 payment .I have reinstate my insurance last month. The insurance cancel on me I didn't let me know .i been trying to work with repossessed company and lender.but they keep on changing the price and taking there time .they at 2... Read more »

Leon Bayer
Leon Bayer
answered on Apr 11, 2023

You have the legal right to get your car back if you immediately pay up all outstanding payments, repo fees, late fees, etc. and if you have the required insurance coverage.

You can only reinstate your loan once every 12 months and a total of two times over the course of your loan. You...
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2 Answers | Asked in Business Law, Civil Litigation, Collections and Consumer Law for California on
Q: Can I sue a Debt Collection Agency acting as a Lien Enforcement Group that is violating FDCPA daily?

I am sending a cease and desist letter via certified mail to them and aligning my ducks in a row to file a lawsuit against them. I am looking for a lawyer/paralegal who is willing to help guide me through this.

Leon Bayer
Leon Bayer
answered on Mar 15, 2023

Missing from the information you gave is the reason you want to sue them. Without a valid reason, your case would not go very far, and there could be legal exposure to you for filing a frivolous lawsuit. Sometimes people think they have a good basis to sue under FDCPA, when they really don't.... Read more »

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2 Answers | Asked in Consumer Law for California on
Q: Dental won’t refund money on prepaid work that was canceled unless I sign a form that says it’s a settlement, legal?

The form states additional binding “rules” and talks about a W9. There was only an exam and I have in writing from the office that there was no charge and that no other services were rendered but they will not refund my $3062.00 unless I sign saying it’s a settlement. Is this legal? Can they... Read more »

Leon Bayer
Leon Bayer
answered on Mar 11, 2023

You didn't say what the "rules" are. But if it was me, I'd be happy to sign if they give me a check then and there.

Sure, legally you don't really need to sign anything. But what's the alternative? Maybe a complaint to the dental board and a day spent in small...
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3 Answers | Asked in Consumer Law for California on
Q: So definition of a loan is exchange of money from one party to the other. If i never recieved money from auto dealer onl

Y a truck. Then wrecked said truck 3 days later. Can i retrieve the 7k i put down for the truck because it was purchased using my credit?

Leon Bayer
Leon Bayer
answered on Mar 7, 2023

Sorry, but no you can't get your money back from the dealer. That is like asking if you can return a pack of gum after you have chewed it up.

I guess you did not have insurance? If you had no insurance, you may be on the hook to pay the balance due on the loan, (minus the salvage value...
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2 Answers | Asked in Consumer Law and Small Claims for California on
Q: So I tried to get a loan from jet loan and they charged me up front $5,417 on a $5,000 loan that I never got and and are

They're are still trying to get money out of me first it was 1500 then it was 1600 now it's 1900 he got a grant in my name without my knowledge for for $50,000 and told me it was only for 30,000 and then I need to pay him $1,500 if I wanted the money I asked for a refund for all my money... Read more »

Leon Bayer
Leon Bayer
answered on Mar 6, 2023

I think the whole thing was a scam right from the start. No legitimate lender charges you money up front that you must pay before they hand you a check.

If it was a scam, the sad truth is that you won't get your money back. Crooks don't pay their debts. But you can certainly try...
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a customer take me to court and unwind deal if i am trying to work with him on repairs for a 50/50 dealer warranty

Customer purchased a used car from me with 145,067 miles on 12/21/2022 we gave him 50/50 dealer warranty on engine or transmission for 30 days or 1k miles whichever occurs first he agreed and signed, 3 weeks later customer was complaining about vibration after he changed tires on car, he took car... Read more »

Leon Bayer
Leon Bayer
answered on Mar 4, 2023

While I agree with my colleagues, I have a different, and practical approach for you to consider.

I think you are inflicting a slow death of a thousand cuts upon yourself with this silly 50/50 warranty.

Your customer will never be happy, and the repair bills will continue to drain...
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2 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: I have been sued for a credit card debt. If I prove that service was not properly done wha happensto the amount owed?

The suit was for $9000 ten years ago and with interest it is now $13000. The process server never saw me. I cant

remember if they left any papers at my door. I called the law firm and the process server but got no reply. Does the Superior court hold records showing how the service was... Read more »

Leon Bayer
Leon Bayer
answered on Mar 1, 2023

Unfortunately, it is simply too late to complain. The court file will contain the records, so to satisfy your curiosity you can look at the affidavit of service to see what it says.

However, it is not too late to negotiate and perhaps settle it for a much lower amount. And, filing...
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4 Answers | Asked in Small Claims for California on
Q: How can I collect money from the defendant if I win a lawsuit ?

I'm in Sunnyvale , CA. I won a lawsuit and the defendant was ordered to pay me some amount of money per judgment (but the judgement didn't specify a deadline for payment). They haven't paid me so far (almost a month after the judgment was filed), how can I collect money from them ?... Read more »

Leon Bayer
Leon Bayer
answered on Feb 27, 2023

I assume it is a judgment from the small claims court. Here is the link to the Small Claims Court instructions explaining the steps that hopefully are going to get you paid. https://selfhelp.courts.ca.gov/small-claims/after-trial/if-you-win

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5 Answers | Asked in Consumer Law and Contracts for California on
Q: Will an unused Life Insurance Policy expire without monetary value? The company says it can't even be surrendered.

The policy is set to expire 3/20/23. It was purchased in 1981 and was never in arrears.

Leon Bayer
Leon Bayer
answered on Feb 27, 2023

You or someone knowledgeable in these things will need to look at the policy to know what you have. Some life insurance contracts accumulate cash value and do not expire until death or a payment default occurs. Or it might be term insurance which expires after a set number of years.

I...
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2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: Is it true, if Calif residential mortgage lender hasn't collected a pmt in over 10yrs-you only have to pay orig bal due

That they can't collect any extra fees and instead have to take balance back to orig amount due

Leon Bayer
Leon Bayer
answered on Feb 26, 2023

There is a little bit of fact behind the question you raised. In California, the note and deed of trust remain fully enforceable for 10 years AFTER the maturity date of the note.

For example, if you have a 15 year loan and you never made any payment, the lender still has 10 years AFTER the...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Is inheritance loan company allowed to charge me 12000 on a 6000 loan in state of California?
Leon Bayer
Leon Bayer
answered on Feb 13, 2023

If the company is validly licensed for this kind of activity and the loan paperwork meets the requirements of law - then your answer is, unfortunately, yes and they can get away with it.

However, worthy of consideration is the fact that every consumer lets them do it to us when we take the...
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3 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: Is there a trust that can protect my asset (house) from bankruptcy?

I have our house in a revocable trust and need to transfer (or amend) to protect the assets from litigation/bankruptcy.

Leon Bayer
Leon Bayer
answered on Jan 4, 2023

You desperately need an in-person sit-down meeting with a bankruptcy expert. You have a lot going on. Maybe more than one meeting will be necessary.

There already are certain protections built into the law that might prove to be sufficient to protect someone's home and other assets....
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... Read more »

Leon Bayer
Leon Bayer
answered on Nov 11, 2022

The damage to the windshield was caused by the negligence of the repair shop, wasn't it? If so, it is not a mechanical defect and is outside of the warranty and the manufacturer has no responsibility for it. Your claim is against the shop.

Damages for your wasted time is not...
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1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for California on
Q: my motorhome was stolen and sold and i cant get police to help me get it back, yes it was sold without my permission

the people who bought it say they purchased it from me but i have roof i was incarcerated at that time. the police wont honor my pink slip and wont check the valdity of the paperwork the people posess

Leon Bayer
Leon Bayer
answered on Nov 10, 2022

I'm sorry this happened. You can find answers. But you'll need to do some detective work.

The things we need to know will include:

1. Was the registration current?

2. Where was the vehicle last parked or stored, to your knowledge?

3. Was there a loan on the...
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