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Questions Answered by Leon Bayer
2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for California on
Q: A family member got court appeal judgement to pay $5,000 immediately which is final.Lives in poverty,no income. Options?

A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?

Leon Bayer
Leon Bayer
answered on Aug 14, 2023

I'm sorry about this person's hardships. The motorhome should qualify as a residence in California and be protected from judgment collection. Thus it won't matter if the judgment is never paid.

Your family member should file for Social Security Disability, SSD. SSD is protected from creditors.

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Auto insurance cancelled. Was this legal? Can they reinstate policy?

Thought someone was in an accident using my car so I opened up a claim form online but didn’t complete it because it turns out they weren’t driving my car. Several months later my insurance sends email to my 82 yo mom (policyholder) asking for information re. an accident claim. I told her I... View More

Leon Bayer
Leon Bayer
answered on Aug 8, 2023

You can't register the car because you have no insurance. The solution is for you and your mom to get the car insured with another company.

Frankly, your insurance company was, (in my opinion), well justified in canceling the policy. Reporting an accident, and then saying it...
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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Are they liable for their false statements on their website that caused my failure to pay?

In 2016 I purchased a new Hyundai, financed it through Hyundai Motor Finance and managed the payments via their MyHundai app. I did so until December of last year, when upon accessing the site the payment page was replaced with a single message that read “your loan has been paid in full.” Fast... View More

Leon Bayer
Leon Bayer
answered on Jul 25, 2023

Did you ever get the pink slip? Was there ever a lapse in your car insurance? Did you ever make late payments? Did you receive any letters prior to the repo saying you owed the $1200?

I think you would have a tough time in court trying to prove a wrongful repo, unless you have the pink...
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3 Answers | Asked in Bankruptcy and Intellectual Property for California on
Q: In Ch7 Bankruptcy can a Creditor demand access to / claim my old unsold screenplays as an IP/asset to satisfy the debt?

I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.

Leon Bayer
Leon Bayer
answered on Jul 13, 2023

Would you like to get the last laugh?

For my answer, I will assume that you have no tangible assets such as real estate. If so, you are entitled to exempt roughly $30,000 of assets, plus something for clothing, furniture, etc. That $30,000 can be applied to your IP. I also assume that she...
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2 Answers | Asked in Landlord - Tenant, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Leon Bayer
Leon Bayer
answered on Jul 8, 2023

You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Living with my uncle in California, I'm not on the lease, I pay the rent, he got arrested, do I have rights to stay
Leon Bayer
Leon Bayer
answered on Jul 6, 2023

Probably not, but the city rent board where you live may have adopted some regulations that are favorable to you. So check with them. However, since you want to stay and you can pay the rent, the landlord might be willing to rent the apartment to you. I think you should look into that.

Be...
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1 Answer | Asked in Consumer Law for California on
Q: Do I have a case if a private seller sold me a car with the odometer rolled back.

Recently bought a car (from a private seller)that was advertised with a 100k miles on it. But after receiving the title in the mail it shows as it having 290k miles on the vehicle. I was foolish to not do checks and was duped into buying it. I live in California do I have a case here or anyway to... View More

Leon Bayer
Leon Bayer
answered on Jul 1, 2023

You have a case, but I don't know who it is going to be against. The problem is proving who rolled back the mileage. If the seller was the original owner, you should win. The car has belonged to numerous parties, which one did it? That's one problem. You also say "advertised"... View More

3 Answers | Asked in Bankruptcy for California on
Q: My bankruptcy was finalized 6 months ago. I was let go from my job 2 months ago and applied for unemployement until I

found a new job. EDD got back to me and said I had overpayements from 2019 and 2020 and owe $6k which I am appealing because I believe it is incorrect. But my question is, even if EDD is correct and they did overpay me, shouldn't that debt be discharged because my bankruptcy was finalized 6... View More

Leon Bayer
Leon Bayer
answered on Jun 21, 2023

I agree with you. If you had a "no asset" BK, the debt is probably discharged even though you did not list it! So this should be good news.

I suggest you let the EDD know about the BK and tell them it is your position that their claim is discharged regardless of the non...
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2 Answers | Asked in Consumer Law for California on
Q: The mileage in the car I purchases has been lowered.

I purchased a car from a person that bought it from IAAI auction. He showed me the purchase receipt from IAAI and the mileage showed 89K. I have registered it and have been restoring it for the past year and half and just found out from a Vin check website that the reported mileage before it was... View More

Leon Bayer
Leon Bayer
answered on Jun 21, 2023

In my opinion, you have no case against the auctioneer nor against their clients.

You probably have a case against the actual party who tampered with the odometer. However, it is unlikely that you can ever prove who did it. You can point a finger at the prior owner(s), but naturally, they...
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: A contractor won't honor their own promo. What can I do?

I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... View More

Leon Bayer
Leon Bayer
answered on May 16, 2023

There is nothing wrong with the first two answers that have been given to you, but I am going to give you an answer that comes from an entirely different direction.

Why would you still consider doing business with this company? You simply can't trust them. The way they handled this...
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3 Answers | Asked in Bankruptcy for California on
Q: Is my unborn baby considered part of California's Median Family Income? Or does that start at birth?

I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.

Leon Bayer
Leon Bayer
answered on May 16, 2023

In California the prevailing policy is to determine household size by the number of "heads on pillows."

Hopefully it won't make any difference whether you count the baby. If it makes a difference, then wait to file, if possible, until after the baby is born. Or else file now,...
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5 Answers | Asked in Consumer Law, Banking, Civil Litigation and Collections for California on
Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?

A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... View More

Leon Bayer
Leon Bayer
answered on May 10, 2023

It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?

I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should...
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2 Answers | Asked in Personal Injury and Animal / Dog Law for California on
Q: Can someone help me file a claim against the United States Post Office for hitting my chihuahua which is a service anima

March 21st which was a Tuesday 2023 approximately 3:00 p.m. to 3:30 p.m. across the street from a school in school crosswalk my chihuahua was hit the postal worker that hit my chihuahua did not stop this was a hit and run

Leon Bayer
Leon Bayer
answered on May 8, 2023

I am sorry to hear about your dog. I hope your dog is ok.

I assume your dog was running loose, or else you probably would have been hit too.

Unless your dog was on a leash, I feel you have no case. Your dog should not have been roaming around.

However, you are entitled to...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: 2 years ago I had solar panels installed. They told me I wouldn't pay Edison anymore instead I am. I want to sue them
Leon Bayer
Leon Bayer
answered on Apr 18, 2023

I hope you prevail, but I fear that you have a tough row to hoe. Your lawsuit, if you file one, is likely to be confined solely to what was put in writing. I really doubt that the solar company made any such promise like that in writing. Salesmen, especially those selling home improvements, can... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: When it comes to contracts

When it comes to contracts can company put anything they want on the contract or there has to be certain policy and terms that they have to follow or legal steps?

Leon Bayer
Leon Bayer
answered on Apr 11, 2023

Every consumer contract made in the State of California must comply with oodles of legal requirements that are intended to protect consumers. That said, there is still plenty of room left for a business you are dealing with to put requirements into a contract that you might not be happy with.... View More

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2 Answers | Asked in Consumer Law for California on
Q: So basically I fallen begin on my car payment I am only late by 2 payment .I have reinstate my insurance last month.

So basically I fallen begin on my car payment I am only late by 2 payment .I have reinstate my insurance last month. The insurance cancel on me I didn't let me know .i been trying to work with repossessed company and lender.but they keep on changing the price and taking there time .they at 2... View More

Leon Bayer
Leon Bayer
answered on Apr 11, 2023

You have the legal right to get your car back if you immediately pay up all outstanding payments, repo fees, late fees, etc. and if you have the required insurance coverage.

You can only reinstate your loan once every 12 months and a total of two times over the course of your loan. You...
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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 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: 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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