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Questions Answered by Leon Bayer
2 Answers | Asked in Consumer Law for California on
Q: False advertising

I booked a condo on VRBO. The listing was for 2 bedrooms with a loft. When you click on Rooms and beds they listed Bedroom 1 - Queen Bed, Bedroom 2 - Queen Bed, Bedroom 3 - 2 twin beds. It turns out Bedroom 1 is the living room with a sofa bed. Am I correct that this is false advertising and they... View More

Leon Bayer
Leon Bayer
answered on Mar 29, 2023

I agree with you! If this happened to me, I would cancel, refuse to pay them anything, and wait for the credit card statement to arrive and immediately dispute the charge. I would also call VRBO immediately to complain about a false and misleading listing.

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2 Answers | Asked in Collections for California on
Q: if there are outstanding toll charges on a vehicle i want to purchase who is responsable for the toll charges if i buy?

what happens to the toll charges after i buy the vehicle?

Leon Bayer
Leon Bayer
answered on Mar 27, 2023

I would not go anywhere near that car. If you are determined to buy it, then do not pay any money until you have seen proof that the tolls and fines are fully paid.

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: A coworker pretended to like me so I leased a $40k acura w/him because he had bad credit. He's used it for month straigh

Straight and I want it 50% of the time to use too? Of time. Do I sue in civil? He had bad credit. We are both primary

Leon Bayer
Leon Bayer
answered on Mar 26, 2023

You are asking for something that was not part the deal between you. If he pays for the car and the insurance on time, you have no right to touch the car.

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2 Answers | Asked in Business Law, Civil Litigation, Collections and Consumer Law for California on
Q: Can I sue a Debt Collection Agency acting as a Lien Enforcement Group that is violating FDCPA daily?

I am sending a cease and desist letter via certified mail to them and aligning my ducks in a row to file a lawsuit against them. I am looking for a lawyer/paralegal who is willing to help guide me through this.

Leon Bayer
Leon Bayer
answered on Mar 15, 2023

Missing from the information you gave is the reason you want to sue them. Without a valid reason, your case would not go very far, and there could be legal exposure to you for filing a frivolous lawsuit. Sometimes people think they have a good basis to sue under FDCPA, when they really don't.... View More

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2 Answers | Asked in Contracts and Collections for California on
Q: In CA, can an accountant whose trial report was never used, put a lien on settlement $, on case settled before trial?

We settled before the trial, I was the plaintiff. and proceeds won't be available for 6 weeks...The fee for the accountant's expert damages report (that was never used anywhere), is over twice what it would normally cost. He wants to put a lien on the settlement proceeds...can he do... View More

Leon Bayer
Leon Bayer
answered on Mar 14, 2023

You could have your lawyer talk to the expert and see if he will moderate his charges. I also suggest you look at his retainer agreement and see what you committed yourself to.

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3 Answers | Asked in Business Law, Consumer Law and Contracts for California on
Q: can 3rd party marketing company charge you monthly fees even when they didn't hold up to their end of the agreement?

promised a website build, to have it up and running in less than 30 days. gave me nothing actually and way overcharged. tried to dispute it with my bank, but they got the money anyway and received nothing for my marketing campaign total of about $3000 wasted money

Leon Bayer
Leon Bayer
answered on Mar 13, 2023

In my opinion, you are entitled to recover your money. Your most efficient course of action is to sue in small claims court.

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2 Answers | Asked in Consumer Law for California on
Q: Dental won’t refund money on prepaid work that was canceled unless I sign a form that says it’s a settlement, legal?

The form states additional binding “rules” and talks about a W9. There was only an exam and I have in writing from the office that there was no charge and that no other services were rendered but they will not refund my $3062.00 unless I sign saying it’s a settlement. Is this legal? Can they... View More

Leon Bayer
Leon Bayer
answered on Mar 11, 2023

You didn't say what the "rules" are. But if it was me, I'd be happy to sign if they give me a check then and there.

Sure, legally you don't really need to sign anything. But what's the alternative? Maybe a complaint to the dental board and a day spent in small...
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3 Answers | Asked in Consumer Law for California on
Q: Can I sue Jay-Z for false advertising for not specifying all 99 problems in his song called "99 problems"?
Leon Bayer
Leon Bayer
answered on Mar 11, 2023

Sure, you can file papers to do that. And he can file papers to have your case tossed right out and then he can sue you for malicious prosecution.

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3 Answers | Asked in Consumer Law for California on
Q: So definition of a loan is exchange of money from one party to the other. If i never recieved money from auto dealer onl

Y a truck. Then wrecked said truck 3 days later. Can i retrieve the 7k i put down for the truck because it was purchased using my credit?

Leon Bayer
Leon Bayer
answered on Mar 7, 2023

Sorry, but no you can't get your money back from the dealer. That is like asking if you can return a pack of gum after you have chewed it up.

I guess you did not have insurance? If you had no insurance, you may be on the hook to pay the balance due on the loan, (minus the salvage value...
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2 Answers | Asked in Consumer Law and Small Claims for California on
Q: So I tried to get a loan from jet loan and they charged me up front $5,417 on a $5,000 loan that I never got and and are

They're are still trying to get money out of me first it was 1500 then it was 1600 now it's 1900 he got a grant in my name without my knowledge for for $50,000 and told me it was only for 30,000 and then I need to pay him $1,500 if I wanted the money I asked for a refund for all my money... View More

Leon Bayer
Leon Bayer
answered on Mar 6, 2023

I think the whole thing was a scam right from the start. No legitimate lender charges you money up front that you must pay before they hand you a check.

If it was a scam, the sad truth is that you won't get your money back. Crooks don't pay their debts. But you can certainly try...
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a customer take me to court and unwind deal if i am trying to work with him on repairs for a 50/50 dealer warranty

Customer purchased a used car from me with 145,067 miles on 12/21/2022 we gave him 50/50 dealer warranty on engine or transmission for 30 days or 1k miles whichever occurs first he agreed and signed, 3 weeks later customer was complaining about vibration after he changed tires on car, he took car... View More

Leon Bayer
Leon Bayer
answered on Mar 4, 2023

While I agree with my colleagues, I have a different, and practical approach for you to consider.

I think you are inflicting a slow death of a thousand cuts upon yourself with this silly 50/50 warranty.

Your customer will never be happy, and the repair bills will continue to drain...
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2 Answers | Asked in Consumer Law and Gov & Administrative Law for California on
Q: Will California dmv accept a power of attorney document notarized by a District of Columbia notary?

Concerns transfer or sale of a Jeep located in Los Angeles, California

Leon Bayer
Leon Bayer
answered on Mar 2, 2023

Give it a try, and find out. In my experience, the DMV people are not too particular. I think it will work out ok for you.

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2 Answers | Asked in Employment Law, Collections and Employment Discrimination for California on
Q: if I am currently waiting on a hearing to decide a unemployment case, why are they garnishing my taxes?

During the Pandemic I left my job because I was living with my parents and didn't want to risk them being sick. I let my employers know this at the time and thought everything was good. Now they have filed a claim that I left without cause and now I owe my unemployment benefits back. I am... View More

Leon Bayer
Leon Bayer
answered on Mar 2, 2023

Unfortunately, the filing of your EDD appeal does not automatically stay the administrative collection actions. But if you win the EDD appeal you will be able to recover the tax refund.

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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for California on
Q: Home insurance refund

1 year ago I was on the phone with my home insurance on some matter and in the process of looking through my account they explained something like my lender or escrow had overpaid (my lender takes care of insurance payments, which are included in my mortgage). They then issued me a refund check of... View More

Leon Bayer
Leon Bayer
answered on Mar 1, 2023

Assuming your statement of facts is true, you owe the money. If you don't pay it, you can expect that your policy will be cancelled, and you may be sued for the money.

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2 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: I have been sued for a credit card debt. If I prove that service was not properly done wha happensto the amount owed?

The suit was for $9000 ten years ago and with interest it is now $13000. The process server never saw me. I cant

remember if they left any papers at my door. I called the law firm and the process server but got no reply. Does the Superior court hold records showing how the service was... View More

Leon Bayer
Leon Bayer
answered on Mar 1, 2023

Unfortunately, it is simply too late to complain. The court file will contain the records, so to satisfy your curiosity you can look at the affidavit of service to see what it says.

However, it is not too late to negotiate and perhaps settle it for a much lower amount. And, filing...
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4 Answers | Asked in Small Claims and Collections for California on
Q: What legal actions should I take before reporting to credit bureaus if the defendant didn't pay per judgment ?

I won a lawsuit and the defendant was ordered to pay me certain amount of money per judgment (but no deadline was specified in the judgment). The defendant haven't paid for about a month. What legal actions should I take before reporting to credit bureaus? And when can I start to charge... View More

Leon Bayer
Leon Bayer
answered on Feb 27, 2023

Judgments are normally picked up by the major credit reporting agencies and automatically included on the defendant's credit reports.

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4 Answers | Asked in Small Claims for California on
Q: How can I collect money from the defendant if I win a lawsuit ?

I'm in Sunnyvale , CA. I won a lawsuit and the defendant was ordered to pay me some amount of money per judgment (but the judgement didn't specify a deadline for payment). They haven't paid me so far (almost a month after the judgment was filed), how can I collect money from them ?... View More

Leon Bayer
Leon Bayer
answered on Feb 27, 2023

I assume it is a judgment from the small claims court. Here is the link to the Small Claims Court instructions explaining the steps that hopefully are going to get you paid. https://selfhelp.courts.ca.gov/small-claims/after-trial/if-you-win

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5 Answers | Asked in Consumer Law and Contracts for California on
Q: Will an unused Life Insurance Policy expire without monetary value? The company says it can't even be surrendered.

The policy is set to expire 3/20/23. It was purchased in 1981 and was never in arrears.

Leon Bayer
Leon Bayer
answered on Feb 27, 2023

You or someone knowledgeable in these things will need to look at the policy to know what you have. Some life insurance contracts accumulate cash value and do not expire until death or a payment default occurs. Or it might be term insurance which expires after a set number of years.

I...
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2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: Is it true, if Calif residential mortgage lender hasn't collected a pmt in over 10yrs-you only have to pay orig bal due

That they can't collect any extra fees and instead have to take balance back to orig amount due

Leon Bayer
Leon Bayer
answered on Feb 26, 2023

There is a little bit of fact behind the question you raised. In California, the note and deed of trust remain fully enforceable for 10 years AFTER the maturity date of the note.

For example, if you have a 15 year loan and you never made any payment, the lender still has 10 years AFTER the...
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1 Answer | Asked in Child Support, Consumer Law and Communications Law for California on
Q: Missed a payment on child support the rep texted me my monthly payment what my arrears and gave me his personal number

I have never talked to any agent over the phone I have had different numbers over the years. I have never gave my consent for them to text me. They didn't give me any option to opt of of receiving any messages.

Rosenthal FDCPA

15 U.S.C. § 1692b

(2) not state that such... View More

Leon Bayer
Leon Bayer
answered on Feb 14, 2023

It sounds like this could be a scam. Ask the caller to send you written verification that you owe any money, and insist they text it to your phone number, and don't give out ANY of your own personal info.

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