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Questions Answered by Leon Bayer
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.

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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...
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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 »

2 Answers | Asked in Collections and Consumer Law for California on
Q: Sued by collection agency for old cc debt. They filed before statute ran out but I was served AFTER - still valid?

Substituted service performed one day before statute of limitations expired - mailed packet was postmarked the day of statute of limitations, received in mail 7 days after. Can I contact them directly to settle or should I bank on passing of statue of limitations? Thanks :)

Leon Bayer
Leon Bayer
answered on Oct 22, 2021

You have asked a very good question. The statute of limitations is concerned only with the date that the complaint was filed. The date of service has nothing to do with the timeliness of the lawsuit filing. Thus serving you after the statute has run does not provide any basis to knock out the... Read more »

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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Environmental for California on
Q: Can I sue southwest for not having COVID protocols and I catch the virus during one of their flight?

I recently took a flight on Southwest and ended up catching covid. They have mask policy’s which everyone followed but in the past, the middle seat in the aircraft was always empty. I couldn’t imagine the crew doing a sterilization job in the time they pulled in and we boarded. After getting... Read more »

Leon Bayer
Leon Bayer
answered on Oct 2, 2021

In a lawsuit I think you will need to prove 1. that you contradicted your illness on that flight and 2. That you got it from the person sitting next to you and 3. That the airline failed to follow rules established by the government. Other issues are likely to be the vaccination status of you and... Read more »

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have a question about The Carmack Amendment.

I looked at the information in the link you sent. Thank you for responding.

First, I searched for "diminished", then for "only" in order to locate anything that states that property is only the physical article that was damaged and nothing else that is commonly also... Read more »

Leon Bayer
Leon Bayer
answered on Sep 29, 2021

The Carmack Amendment is a 1906 revision to the Interstate Commerce Act of 1877, which regulates the relationship between shipping companies and the owners of goods under shipment. The Carmack Amendment limits the liabilities of these shipping companies, known as carriers, to loss or damage of the... Read more »

1 Answer | Asked in Collections for California on
Q: Collections lawsuit passed limitations in original state, I’ve since moved where the statue of limitations is longer.

I have a debt that went to collections from 2014 in ca. I am passed California statue of limitations. However in 2015 I moved to New Jersey where that statue of limitations is 6 years vs 4. I am being sued here in New Jersey but the debt is from California. Is that legal?

Leon Bayer
Leon Bayer
answered on Sep 2, 2021

I believe the debt is still subject to the California statute.

I suggest you call the creditor attorney immediately and point this out. If you do not get immediate satisfaction then bring a consumer law attorney onto your team immediately.

1 Answer | Asked in Banking and Consumer Law for California on
Q: How long can a State of California/US treasury Check legally be held by a bank ?

I went inside the bank to deposit a check. Was told was gonna be held til next day. I get email stating it’s on a hold/freeze. That was 8/24. States it will be held til 9/2. Spoke with rep who said confidential hold. Read the reasons on why it could possibly invoke a hold. None of those reasons... Read more »

Leon Bayer
Leon Bayer
answered on Aug 29, 2021

Was the check made out to you or to someone else and signed over to you?

Clearly there is something making the bank concerned. What could that possibly be?

You say you cashed a similar check 6 months ago.

That is what makes me ask if the check belonged to someone else. If...
Read more »

1 Answer | Asked in Consumer Law and Foreclosure for California on
Q: I have a hard money loan for the house that i occupied! Is this ilegal? To give loan on this terms?
Leon Bayer
Leon Bayer
answered on Aug 26, 2021

I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?

Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: can I return some couches that didn't fit in a area in my house that the sales person help me measure even if its in con

even if its in there contract

Leon Bayer
Leon Bayer
answered on Aug 21, 2021

You were not clear. What is ‘in their contact?’ I don’t know what you meant to say.

I will answer based on the assumption the contract says no returns.

I also assume the furniture was delivered and the delivery men put it where you told them to.

The time to...
Read more »

4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: My debt is 3 years old. I was sued in my absence from the country and now wish to return. Not sure how to

I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!

It’s now been 3 or so years and I... Read more »

Leon Bayer
Leon Bayer
answered on Aug 16, 2021

You certainly do have options. Talk to one or more bankruptcy lawyers to explore those options. If you are informed that bankruptcy is one of those options, you can probably make all the debt go away, even the lawsuits.

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