Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Leon Bayer
3 Answers | Asked in Bankruptcy for California on
Q: hello, I wanted to know if I file for bankruptcy, will it help forgive past owed rent and help prevent eviction?
Leon Bayer
Leon Bayer
answered on Jun 10, 2024

I assume you do not have the money to cure the rent default.

Filing bankruptcy may delay the eviction for a few weeks. Maybe a little longer. Although you will wind up evicted anyway, but you should be able to discharge all the back rent owed up until the date you file.

After you...
View More

View More Answers

2 Answers | Asked in Collections for California on
Q: Does any collection attorney know how to collect the money from Amazon sellers accounts by a judgment?
Leon Bayer
Leon Bayer
answered on May 29, 2024

You do it the same way you collect a judgment from any other defendant. First you must win a judgment and than you execute on assets. However, in the case of Amazon vendors you might have an advantage. The advantage is that you know where the defendant's money comes from and where it is... View More

View More Answers

3 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time... View More

View More Answers

3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

Leon Bayer
Leon Bayer
answered on May 10, 2024

Fire protection is a justifiable reason for him to enter. I'll assume he had the necessary battery and installed it during the incident.

You are being unreasonable.

I agree that it could have been handled better, but that does not mean it was handled in a way that is...
View More

View More Answers

2 Answers | Asked in Consumer Law and Contracts for California on
Q: What if custom order was not made as discussed?

We ordered the custom couch. They did not follow the measurements that were written on the receipt. It was delivered, looked horrible, made complaint but dropped it off without any other resolution, just saying this is how it suppose to be. My husband did clearly stated we wanted the same size as... View More

Leon Bayer
Leon Bayer
answered on Apr 19, 2024

You have the couch and the store has not collected much money. Hard to believe they would deliver it without getting paid in full. But, the store had the couch made as per the measurements on the receipt. In my opinion, a court will not blame them.

So, you too have problems. The receipt is...
View More

View More Answers

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

Leon Bayer
Leon Bayer
answered on Mar 28, 2024

To buy the car, just call the leasing company that you make the payments to. The dealer does not own the car and has no say in this process.

I hope you did not pay the dealer for 'certification.' That is just scam BS. You might report the dealer to the DMV, it sounds to me like a...
View More

View More Answers

2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

Leon Bayer
Leon Bayer
answered on Mar 27, 2024

I think you are entitled to sue the dealer, and file a complaint against the dealer with the DMV.

I believe that what you signed is not allowed to override California Code, Vehicle Code - VEH § 11736.

Small claims court is where you take this to sue.

View More Answers

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

Leon Bayer
Leon Bayer
answered on Mar 25, 2024

"Undisclosed" and "overlooked" do not have the same meanings.

Financing terms must be set out nicely and boldly. You can retain a lawyer to review your contract and advise you on whether your contract complies with the law. But if you did business with a new car dealer,...
View More

View More Answers

2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

Leon Bayer
Leon Bayer
answered on Mar 21, 2024

The Chase garnishment will last for only 90 days, but it can be renewed. You should file yours now anyway, so that you will be the next in line when Chase's ends. Otherwise, Chase stays ahead of you if you never get to the front of the line.

View More Answers

3 Answers | Asked in Consumer Law for California on
Q: Can i sue kia finance if my car was stolen due to antitheft recalls ?

my kia forte 2021 was stolen october 2023 due to theft, i was never notifed about the anti theft recalls on my vehicle.

i was halfway paid off my car and it was recovered and claimed a total loss. i lost lots of personal belongings and the money invested into my car. i want to know if i can... View More

Leon Bayer
Leon Bayer
answered on Mar 19, 2024

An anti-theft device does not guarantee that a car can't be stolen. If you buy a can of pepper spray does that guarantee that someone can't mug you?

If you sue, you have the burden of proving your case. That can be quite a hurdle. Here's why:

Issues you must prove...
View More

View More Answers

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.

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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...
View More

View More Answers

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

View More Answers

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.