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Questions Answered by Leon Bayer
2 Answers | Asked in Collections for California on
Q: Hi, my mechanics lien expired on 8/8/2024 but i wanted to enforce the lien. Is there a way I can still enforce it?
Leon Bayer
Leon Bayer
answered on Nov 5, 2024

What you can do is what you already should have done before the lien expired - you can file a lawsuit, and if you win you can have a judicial lien imposed, and then get a writ of execution to foreclose the lien.

Your lingering problems are two: you have a tendency to sit on your hands, and...
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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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2 Answers | Asked in Consumer Law for California on
Q: Hello, my car loan has been charged off about 6 months ago and I still have the car

I’m still in possession of the car and loan is charged off. I’m soon moving out of state, how do I proceed? Should I contact the lender and try to give the car back? I have not been in contact with lender since loan has been charged off. I’m afraid to get sued and not sure what to do, I’m... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I'm sorry you have been having so much hard luck.

Giving the car back does not get you off the hook. Whether the car is returned or repossessed, the lender will auction it, and you can be sued for any loan balance that remains after the sales money is paid to the lender.

It is...
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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

I 100% supported everything financially and have endured debt on it and still to this day pay it

We are not together anymore and the plan was if she wins debt is owed back to me

That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Leon Bayer
Leon Bayer
answered on Oct 15, 2024

As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by...
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3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealer is trying to keep my down payment after they requested the account t be returned and took the car. Is this legal

08/31/2024 i went to super shopper auto to finance a used 2018 Honda Accord through in-house financing but when I arrived the manager had a retail installment agreement contract typed and printed for me to sign through a third party call California auto finance 5 days later the dealer requested the... View More

Leon Bayer
Leon Bayer
answered on Oct 2, 2024

It sounds illegal. You can sue the dealer in small claims court and you can make a complaint to the California DMV: The Department of Motor Vehicles (DMV) licenses and regulates new and used motor vehicle dealers. If you would like to report a problem or dispute you have with a motor vehicle... View More

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2 Answers | Asked in Consumer Law for California on
Q: I had the roof fixed but the contractor overcharged me!

Original quote was #3,700.00 After completed the job, asked for $8,000.00. Then he left one piece of wood in my backyard. Another guy with two workers came the following week. Both job was done on Saturday. I gave the second guy another $8,000.00 check by mistake.

I am wishing I... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2024

Hopefully the 2nd check has not yet cleared and you can stop payment. If it has cleared ask the payee to refund it immediately.

Unless the contractor got your written approval to increase the amount after you accepted the original bid, you should be able to recover the difference....
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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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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...
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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

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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

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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...
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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...
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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...
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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.

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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,...
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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.

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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...
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