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Questions Answered by Leon Bayer
1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: What if I bought a phone with cash and the store employee pulls a debit card out of his pocket and pays with that?

Also on my phone it says auto pay has been set up with the debit card used to buy the phone. I didn't use a debit card though.

Leon Bayer
Leon Bayer
answered on Jan 16, 2023

I suggest you IMMEDIATELY return to the store and see the owner/manager to set this right. There are several explanations for this that come to my mind and none of them are on the up and up.

1 Answer | Asked in Consumer Law for California on
Q: on a credit card loan that one has defaulted on, when does the 4 year date start that you are no longer liable for the

debt, becomes noncollectable in California?

Leon Bayer
Leon Bayer
answered on Jan 10, 2023

In most cases, it will start on the date that you defaulted. However differing situations may affect the start date, such as if you make another payment, or if you have left the country.

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....
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: If I made a down payment on a vehicle I purchased a year and a half ago can I get that down payment back?
Leon Bayer
Leon Bayer
answered on Dec 19, 2022

Asking for the return of your down payment is like trying to return a pack of gum after you have chewed it. There is nothing in your question that provides anything to justify why you should get what you want.

1 Answer | Asked in Consumer Law for California on
Q: is it legal for a lender to collect money for taxes and insurance in a mortgage and then apply it to the principal balan

I was being considered for a post pandemic loan modification. I was approved and made seven trial payments. The bank suspended the modification because they say that I did not send in a form that was needed to complete the modification. I mailed the form to them on two occasions in the envelope... Read more »

Leon Bayer
Leon Bayer
answered on Dec 1, 2022

The way I see things, it doesn't matter. The taxes and insurance are payable now, and so is the principal plus interest. Unless you pay enough to cover everything, you still have a deficiency.

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Identity Theft for California on
Q: Is it legal for a company to request a copy of my CA driver's license?

I purchased a $500 prepaid Visa gift card from a grocery store in CA in 2022. An unknown person registered it in his name after I used $387 of the $500. Customer Service for the Bank who issued the Visa gift card refuses to fraud out this Visa card because the thief registered it in his name.... Read more »

Leon Bayer
Leon Bayer
answered on Nov 30, 2022

My experience with prepaid cards is that you have to register the card before it becomes active. Based on the information in your question, it seems to me that you did not purchase the card.

2 Answers | Asked in Criminal Law and Collections for California on
Q: I bought a car paid in full with personal check. Friend was to pay me back but no payments made. How can I retrieve car.

I moved from San Diego, CA to Odessa, Tx. After a year or so I made return trip to San Diego CA. I spoke to party I had made verbal agreement to make payments to pay me for car. I informed party I wanted car back for none payment. The party refused I would like my property returned. And take... Read more »

Leon Bayer
Leon Bayer
answered on Nov 17, 2022

I would sue this person immediately in small claims court in the city where the other person lives.

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1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: Can an HECM mortgage company legally lock us out of my deceased mother’s home that we occupy before foreclosure is done

No will, trust, or probate. Title held in both parents names. Both deceased. Last one on 9/20/22. Email from HUD services states we need to leave and they may lock us out at any time. Need time to empty the home. Home is not worth the mortgage balance. Ok with foreclosure as long as we have some... Read more »

Leon Bayer
Leon Bayer
answered on Nov 16, 2022

yOU WILL DO YOURSELF A BIG FAVOR BY SEEING AN ATTORNEY IMMEDIATELY with (sorry about the caps) all the relevant papers. Frankly, it sounds like there have already been foreclosure and eviction proceedings.

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...
Read more »

3 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: Hello my name is Salvador I recently got a paper at my job’s HR office that some company is trying to garnish my wages,

But I’ve never received a letter or any paperwork,and they said I didn’t showed up at court, so I’m asking for professional advise , they said that they served me a letter but I haven’t received anything, nor anyone at my house have seen anything like that,

Leon Bayer
Leon Bayer
answered on Nov 7, 2022

Dear Salvador, These things often take a person by surprise. You should see a bankruptcy lawyer immediately for advice. Most BK lawyers do not charge for advice and will give you a free consultation. Do you need to file for bankruptcy? Nobody knows. That's why you are being advised to see a... Read more »

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2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Collections for California on
Q: Is the towing bill (impounded vehicle) not protected by FDCPA in CA?

My car was donated in 2019. I submitted NRL online.

In Feb 2022, a towing company sent me a bill regarding my car got abandoned and I need to pay them to claim the car. The ownership was never transferred. The notice didn't tell what other thing (e.g. dispute, show proof of NRL) that I... Read more »

Leon Bayer
Leon Bayer
answered on Oct 9, 2022

You are right on most counts. Except I think you are wrong about these people being debt collectors. I strongly believe the people contacting are scam thieves, not legitimate debt collectors.

They probably gain access to lien sale notices through the DMV.

Then, with that info in...
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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Who should I name as defendant in CA small claims case

I paid cash for a used motorcycle from a repair/dealership owned by someone I have known a long time. The owner himself sold it to me. I gave him the cash, he gave me the title and keys. Done deal right? Well turns out the title he gave me was 'invalid'. I found this out after bike was... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

nAME BOTH OF THEM, AND LET THE COURT DECIDE.

1 Answer | Asked in Collections and Small Claims for California on
Q: Hi I am being sued by Capital one, in 2020 during the pandemic my wages were reduced, and I fell behind. Can you help?

I was up to date with payments with them until I just couldn't even afford the minimum payment. I was barely able to pay my rent. I work in the restaurant industry, and it was hit hard. I did try to work out something with them but what they wanted I still couldn't afford. I stopped... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

The restaurant industry was hurt terribly, (and unnecessarily in my opinion), by government regulations and forced closures.

I suggest you visit a bankruptcy lawyer immediately, for a consultation. Most of us BK lawyers do not charge you for a consultation. I can't say at this point...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: A company advertised a product as "free" and "no strings attached" but charges for non returns, is that false advert?

A company recently charged me for unreturned equipment that was given for free with no strings attached. The terms and conditions does not specify this particular product which is not owned directly by the entity. The entity advertised the equipment as free and no strings attached. I never paid for... Read more »

Leon Bayer
Leon Bayer
answered on Jun 21, 2022

How did they get paid?

1 Answer | Asked in Consumer Law and Banking for California on
Q: I'm needing a Consumer Protection lawyer - pro bono in California. Chargeback dispute with Bank of America
Leon Bayer
Leon Bayer
answered on Jun 17, 2022

I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.

3 Answers | Asked in Bankruptcy for California on
Q: Hello,My family member is on disability and not working for 2 years. Has thousands dollars of debt on credit cards.

which was established during the education, and paying hundreds of dollars each month for the principal and interest since 2013. Trying to have help from the programs, e.g., related to COVID, but representatives did not help, just tried to involve into the new obligations.

I found you on... Read more »

Leon Bayer
Leon Bayer
answered on Jun 13, 2022

I suggest you take that person to see a bankruptcy lawyer, immediately. Most BK lawyers do not charge for a consultation.

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2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

Your friend needs to have somebody read the contract to him. Does the contract say the price of the car is $30,000 or is it $32,000?

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2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it.

I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into...
Read more »

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