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Questions Answered by Leon Bayer
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...
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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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1 Answer | Asked in Consumer Law for California on
Q: Can companies charge more than once without permission?

I placed an order from Zumies over the phone (kept getting error codes from site so called customer service), and after the order was placed, I received an email from my bank stating account was low. Went to check it and was charged $65.20 4 separate times. I called back right away and was told... Read more »

Leon Bayer
Leon Bayer answered on Aug 10, 2021

Of course not but accidents happen. I am thinking this might have happened when you were making multiple attempts to place the order online.

1 Answer | Asked in Business Law, Contracts and Collections for California on
Q: I am a consulting engineer and have a client with a nearly 40000 debt. We have a contract but he isn't paying. Input?

This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... Read more »

Leon Bayer
Leon Bayer answered on Aug 6, 2021

You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Small Claims for California on
Q: What are my recourses when a tow yard totaled my vehicle so it can't be driven and won't let me retrieve my property?

Firstly, the seller had a fictitious 2021 tag on a truck with expired registration-dating back to 2017! The DMV demanded $800 to register the vehicle I purchased about 45 days ago. I got involved in a very very light fender bender coming out of a park in an upscale residential neighborhood. I was... Read more »

Leon Bayer
Leon Bayer answered on Aug 1, 2021

YOUR RECOURSE IS TO SUE THE SELLER FOR FRAUD, AND SUE THE TOW YARD FOR PROPERTY DAMAGE. LOOK INTO DOING THIS IN SMALL CLAIMS COURT. YOU MIGHT ALSO ASK THE DMV TO INVESTIGATE THE PHONY TAGS.

1 Answer | Asked in Consumer Law and Business Law for California on
Q: I sell herbs online for ritual and ceremonial purposes. Can I be held liable if someone consumes or misuses product?

Some herbs are toxic and labeled not for human consumption, however, I’ve discovered that clients are actually consuming them. I’ve labeled them as deadly toxic. The herbs in question are belladonna and sacred datura.

Leon Bayer
Leon Bayer answered on Jul 31, 2021

You are really asking for trouble. You already know that people are misusing the poisons that you are selling. You even admit it!

It is highly likely that anyone injured from your product will sue you, even if they did not follow or read the warnings on your package. Suppose a child who...
Read more »

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for California on
Q: Can a person who sells her auctioneer services conduct business and hold auctions if the company isn't bonded by the sos

If she cannot legally provide or sell her services to another because she isn't properly bonded, then wouldn't any auctions she's held be illegal to do and void any contracts between her and the buyers of said illegal (fraudulent) auctions?

Leon Bayer
Leon Bayer answered on Jul 30, 2021

This sounds like a matter of government regulation. That would be between her and state licensing agency. She will likely face a fine. It should not affect the validity of the auction sales.

1 Answer | Asked in Consumer Law for California on
Q: Is there anything I can do if a pawn shop sells me a stolen guitar?

I bought a guitar from a pawn shop for $600. A few months later I was short on cash and pawned it at a different pawn shop who then notified me that it had been reported stolen. Now theres a hold on it and the $150 case that I bought at a different store. Am I out $750 now or is there anything I... Read more »

Leon Bayer
Leon Bayer answered on Jul 29, 2021

If you have proof of the guitar purchase, take it to the shop that reported it as stolen to see if they will help straighten things out with the police. If it won't, contact the shop you bought it from.

1 Answer | Asked in Consumer Law for California on
Q: I bought some faulty custom goods online. The company is only offering store credit. Can I insist on a refund?

Hello. Two weeks ago I bought three custom hand fans online for an event, at a cost of over $100. When the fans arrived, all three fell apart quickly before the event, in each case the bolt holding the fans together fell off. I have sent the company photos and asked them for a refund, but they... Read more »

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You can insist on anything you want, but that is only as good as your ability to enforce your demand. As President Lyndon Johnson used to say, "Don't ever tell a man to go to hell unless you can send him there."

You won't be taking someone to court over a $100 dispute,...
Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

5 Answers | Asked in Bankruptcy for California on
Q: my friend is filing for bankruptcy over a $24,000 credit card bill

Igave her a check for $ 10,000 to cover rent and expenses for next 6 mos.

shes afraid to cash the check at her bank because shes afraid the court or creditors may discover it and stop the bankruptcy or worse

is there a way for her to cash the check or receive funds... Read more »

Leon Bayer
Leon Bayer answered on Jun 25, 2021

With all due respect to you, why is this a "do it yourselfer" without a lawyer? If you can afford to plunk down a check for 10K, then spend another $2k and get her a top BK lawyer to handle this thing correctly. Other questions and issues almost always arise in a case. This is not the... Read more »

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