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Questions Answered by Leon Bayer
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... View 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... View 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... View 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...
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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...
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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... View 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... View 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... View 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... View 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...
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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... View 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... View 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,...
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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... View 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... View More

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1 Answer | Asked in Collections for California on
Q: Can I sell or donate my car without a title if debt collection is past the statute of limitations in CA?

I would like to dispose of my car (scrap/donate or sell) and I am unsure if that's legal without a title. The loan was closed by Wells Fargo in July of 2016 and sold to debt collectors. It appears that debt collectors can still try to recoup the money, but legally cannot sue me for the... View More

Leon Bayer
Leon Bayer
answered on May 25, 2021

I do understand the problem. But without clear title you wont be able to do either of those things. You might look into leaving the car parked on the street, and call the city to tow away an abandoned car.

1 Answer | Asked in Collections for California on
Q: I'm owed $125,000 the customers received $2 million in ppp money the building is owned by holding co

can these be attached

Leon Bayer
Leon Bayer
answered on May 24, 2021

The best answer a lawyer can give you for the time being, (without the opportunity to discuss the case at length with you and to see relevant document), is going to have to be, "I hope so."

If you sue, you may be able to obtain attachment orders against the various assets by...
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1 Answer | Asked in Contracts and Collections for California on
Q: I was in a car accident, the physical therapy office sign a lien. Then sent me to collections. Do I have any recourse?
Leon Bayer
Leon Bayer
answered on Apr 28, 2021

You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.

2 Answers | Asked in Bankruptcy, Contracts and Banking for California on
Q: Can my sugar daddy get me jailed knowing that I don't have control of his money.

I'm kinda stuck and confused on something. I'm trying to leave my sugar daddy but he is trying to get me jailed because he thinking I'm trying to steal from but what happens was he put money in my account about $4000 but the money he put in was fraudulent. I told he that the bank... View More

Leon Bayer
Leon Bayer
answered on Apr 18, 2021

As the saying goes, if you sleep with dogs you're going to get fleas.

I suggest you tell him to go right ahead and call the police. The police won't care, and if they behave true to form they will tell him this is "a civil matter" and they won't even take a report....
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4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... View More

Leon Bayer
Leon Bayer
answered on Apr 18, 2021

If you are very sensitive or prone to anger, than stop here and read no further because you are not going to like this.

Frankly, I think your pain is largely self inflicted. If you can afford to pay 50% now, I have to believe you could have avoided a default and simply continued to pay the...
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