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Questions Answered by Leon Bayer
3 Answers | Asked in Bankruptcy for California on
Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?

The property is exempt on the statement of intention.

Leon Bayer
Leon Bayer
answered on Mar 15, 2024

You can expect to pay lawyer fees in the $3000 range for this work. Motions to reopen and to avoid a lien are routinely granted, provided you have sufficient evidence to demonstrate that the lien would have been avoidable during the original case.

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Leon Bayer
Leon Bayer
answered on Mar 11, 2024

Your friend has nothing much to worry about. The legal interest rate limit for an ordinary person loaning money in California is 10% APR. If your friend charges more than that, he can still sue the person who won't pay and ruin that person's credit, but the court probably won't let... View More

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2 Answers | Asked in Consumer Law and Banking for California on
Q: Is it legal for a bank to refuse to issue you a cashiers check with verified funds deposited the same day?

Hi I live in the state of California. I went to the bank today to obtain a cashier's check. The teller questioned the validity of the wire transfer in my account. He questioned if I worked for the bank. Then the teller refused to issue a cashier's check to me saying that he had the right... View More

Leon Bayer
Leon Bayer
answered on Mar 8, 2024

This is a very strange tale. I would not fault the bank for putting a hold on a deposit that they just received. But that's not what they did, because they gave you the cash! But I see no legal rights that the bank violated. You can call the bank branch manager to complain about the teller..... View More

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2 Answers | Asked in Consumer Law and Banking for California on
Q: Citibank will not release my secured credit card deposit. Are their actions legal?

I had a secured credit card with Citibank that I placed a $400 deposit down on. I had the card for about 4 years and made my payments on time. I lost my job & was unable to pay the due balance ($315). Citibank closed my account, sold it to a collection agency and kept the $400 deposit. Now, I... View More

Leon Bayer
Leon Bayer
answered on Mar 6, 2024

I suspect that your $400 deposit was used up and your account became overdrawn by the $315 amount. That should be visible on your monthly statements sent to you before and after that particular time. But that's just a guess, and it would be wrongful of Citibank to fail to provide you with a... View More

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3 Answers | Asked in Consumer Law for California on
Q: what rights do i have when i purchase a "certified" car in california? dealer misrepresented what was on the "certified

inspection report"

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

You can sue the dealer for up to $10,000 in small claims court, if you feel that you have a case. You should read the "certification" contract carefully. It sounds like the salesperson verbally summarized to you what was on the report. You should have read it for yourself before signing a... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: Client wants refund on sale pre-paid beauty package, now wants to sue. Website policy states NO refund on sale items! CA

My small beauty business is in California (Los Angeles county). I offer discounted pre-paid beauty service packages. My client purchased one of these packages and now a year later she wants full refund. My policy is posted on my website, which states that there is NO refund on sale items/... View More

Leon Bayer
Leon Bayer
answered on Mar 3, 2024

You never know what is going to happen in small claims court. That court does not always follow established rules and stretches the law to be "fair." And the judge may spot something else in your business practices or products that the judge thinks is deceptive or unfair, even if it was... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

Leon Bayer
Leon Bayer
answered on Mar 2, 2024

You have an insurance policy. Does it cover losses from theft? If so, it's time for you to visit one or more lawyers who deal with insurance law, and find one who will sue the insurance carrier. When an insurance carrier fails to deal with you in good faith, you may be able to collect not only... View More

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2 Answers | Asked in Bankruptcy for California on
Q: How often can an LLC file for Chapter 11 Bankruptcy?

I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?

Leon Bayer
Leon Bayer
answered on Feb 19, 2024

It is not very common, but it does happen. Obviously, a repeat filing will be a harder row for them to hoe than the first case.

I suggest you get legal representation now, before they pull the trigger. With good representation maybe you can get them to provide you with concessions to make...
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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.

Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.

Leon Bayer
Leon Bayer
answered on Feb 18, 2024

It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

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3 Answers | Asked in Collections for California on
Q: My employer received an EWO from a levying officer in February 2024. The notice says it's for a debt collection filed

in Sept 2019. I have never received anything in the meantime. I have no idea what this is for. It's never shown on my credit report, nothing received in the mail, no phone calls. Is it legal to be able to garnish my wages now?

Leon Bayer
Leon Bayer
answered on Feb 14, 2024

I'm sorry this has happened to you. Debts get bought and sold all the time, so the original creditor's name might not be on the ewo. You can get a copy of the relevant legal documents from the court, particularly the proof of service and the complaint. The complaint will tell you who the... View More

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

Leon Bayer
Leon Bayer
answered on Feb 14, 2024

This sounds like a small claims court case. I doubt it is going to be worth hiring a lawyer, as animation cells are usually pretty cheap. However, if you sue in small claims court you will incur the costs of personally traveling to court and the unlikelihood of ever collecting. In court you will... View More

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3 Answers | Asked in Banking and Collections for California on
Q: In California, can I be served debt collection at my old address if people who live there(my old roommates)still know me
Leon Bayer
Leon Bayer
answered on Feb 9, 2024

If the plaintiff claims that you were served, you would have to file a motion to quash service by proving that you don't live there. Keep in mind that the goal of the law is to give a person notice. And you obviously know about the lawsuit. A successful motion to quash does not eliminate the... View More

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2 Answers | Asked in Consumer Law and Collections for California on
Q: How many times can a lawyer call you on a secured loan if you only made a half a payment this month
Leon Bayer
Leon Bayer
answered on Feb 7, 2024

Would you like to have the collateral repossessed? Seriously.

I contend that you are thinking about this all wrong. If the caller is the original creditor, I believe there is no limit. Regardless, you don't have to talk to them. In fact, you can hang up on them.

But you should...
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4 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I NEED HELP WITH THIS

what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?

To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?

Leon Bayer
Leon Bayer
answered on Feb 7, 2024

I am assuming that your car loan requires collision coverage and that you don't have any.

If so, the contract will allow the lender to buy such coverage for your vehicle and charge you for the cost. Such policies, called "force-placed" in the industry, are very expensive,...
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2 Answers | Asked in Consumer Law and Landlord - Tenant for California on
Q: I live in CA & I have 2 storage rental questions

1) My storage lease just increased from $60.50 pm to $75 is this amount considered excessive?

(This economy is killing me)

2)I paid storage rent by email last night but it was processed today and I was charged a $15 late fee. I thought since my agreement is late fee after the 10th... View More

Leon Bayer
Leon Bayer
answered on Jan 11, 2024

It's a fair question. The increase is not excessive provided they gave you 30 days advance notice. It is worth your consideration that most businesses do not have employees available to process payments outside of normal daytime business hours. Because of that, your payment was late, and you... View More

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4 Answers | Asked in Bankruptcy for California on
Q: Is there a way I can find out if someone has started bankruptcy proceedings?
Leon Bayer
Leon Bayer
answered on Jan 5, 2024

If you are a creditor, the chances are good that you will receive notice.

However, the bankruptcy courts do maintain a register of case filing information. You can gain access to it here: https://pacer.uscourts.gov/

The Pacer system is not easy to use by a first-timer. You might be...
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2 Answers | Asked in Bankruptcy for California on
Q: Is there some kind of relief I can receive if IRS never sent me a balance after chp7 discharge?

Back in 2021 I filed for chapter 7 BK and my attorney said past taxes for 2014 & 2015 are still due as they don't fall under the standard time frame for these to be included. I was told after my discharge the IRS should mail you a letter indidicating what you owe after discharged. Its now... View More

Leon Bayer
Leon Bayer
answered on Jan 4, 2024

Here's what nobody has ever bothered to tell you. If those returns for 2014 and 2015 were filed by you at least 2 years before you filed BK, the taxes are probably discharged.

And that is the best explanation for why you still haven't heard from the IRS about it - they don't...
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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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