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Questions Answered by Leon Bayer
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 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 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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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Is inheritance loan company allowed to charge me 12000 on a 6000 loan in state of California?
Leon Bayer
Leon Bayer
answered on Feb 13, 2023

If the company is validly licensed for this kind of activity and the loan paperwork meets the requirements of law - then your answer is, unfortunately, yes and they can get away with it.

However, worthy of consideration is the fact that every consumer lets them do it to us when we take the...
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3 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: Is there a trust that can protect my asset (house) from bankruptcy?

I have our house in a revocable trust and need to transfer (or amend) to protect the assets from litigation/bankruptcy.

Leon Bayer
Leon Bayer
answered on Jan 4, 2023

You desperately need an in-person sit-down meeting with a bankruptcy expert. You have a lot going on. Maybe more than one meeting will be necessary.

There already are certain protections built into the law that might prove to be sufficient to protect someone's home and other assets....
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... View More

Leon Bayer
Leon Bayer
answered on Nov 11, 2022

The damage to the windshield was caused by the negligence of the repair shop, wasn't it? If so, it is not a mechanical defect and is outside of the warranty and the manufacturer has no responsibility for it. Your claim is against the shop.

Damages for your wasted time is not...
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1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for California on
Q: my motorhome was stolen and sold and i cant get police to help me get it back, yes it was sold without my permission

the people who bought it say they purchased it from me but i have roof i was incarcerated at that time. the police wont honor my pink slip and wont check the valdity of the paperwork the people posess

Leon Bayer
Leon Bayer
answered on Nov 10, 2022

I'm sorry this happened. You can find answers. But you'll need to do some detective work.

The things we need to know will include:

1. Was the registration current?

2. Where was the vehicle last parked or stored, to your knowledge?

3. Was there a loan on the...
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3 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: Hello my name is Salvador I recently got a paper at my job’s HR office that some company is trying to garnish my wages,

But I’ve never received a letter or any paperwork,and they said I didn’t showed up at court, so I’m asking for professional advise , they said that they served me a letter but I haven’t received anything, nor anyone at my house have seen anything like that,

Leon Bayer
Leon Bayer
answered on Nov 7, 2022

Dear Salvador, These things often take a person by surprise. You should see a bankruptcy lawyer immediately for advice. Most BK lawyers do not charge for advice and will give you a free consultation. Do you need to file for bankruptcy? Nobody knows. That's why you are being advised to see a... View More

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2 Answers | Asked in Consumer Law and Contracts 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 Banking and Consumer Law for California on
Q: Credit card dispute

◦ I applied for affordable housing and paid the required deposit. The agency reviewed my income and bank statements. However, they unexpectedly requested access to my “IRA retirement account,” which I consider confidential. I asked if I could hide the account number, but they rejected this... View More

Leon Bayer
Leon Bayer
answered on May 7, 2024

In my opinion their action is very justified. For all anyone would know, your IRA might have

$1 million. You already provided bank statements, so don't expect us to believe that you won't provide the IRA statements "due to privacy and security concerns."

Please...
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3 Answers | Asked in Consumer Law for California on
Q: For 39 days Chase bank hold my fund because a phone verification do I have a case
Leon Bayer
Leon Bayer
answered on May 6, 2024

You have not provided enough information for us to advise you. For example, do you now have the money, and what is it that your bank was trying to verify?

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2 Answers | Asked in Consumer Law and Agricultural Law for California on
Q: In plan English what is the law against shipping yeast nutient to California and why? Besides Ca. Being a BS. State
Leon Bayer
Leon Bayer
answered on May 3, 2024

I have not heard this before. I just made a search, and I find no legal restriction on shipping yeast to California. So send all you want unless you know something I don't know or can't find.

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2 Answers | Asked in Bankruptcy for California on
Q: I filed bankruptcy about 4 1/2 years ago. 6months left.i find out that I have to pay 59k more after my plan.

That

They want me to come up with another $59k

After paying my plan payment the court set up.

6 months left of payments.

They want me to

Pay additional $59k plus monthly payments of $885.within the next 6 months.

The payment plan was set up by court.

Leon Bayer
Leon Bayer
answered on May 1, 2024

We can't tell you anything because we don't have your records. If you don't want advice from your original lawyer, then consult with some other local BK lawyers.

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: thank you

Could you advise on the appropriate steps to take when encountering resistance from an auto lender regarding concerns such as failure to address credit report violations and other requested actions, despite providing only a copy of the contract and neglecting other obligations? Additionally, they... View More

Leon Bayer
Leon Bayer
answered on Apr 29, 2024

Go to a lawyer, or several, who handles this type of issue. See what they say.

You did not specify what your beef really is. I think you may be conflating this unnecessarily to get yourself a free car.

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3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

Leon Bayer
Leon Bayer
answered on Apr 17, 2024

Tell them on the phone that if you don't have the money in 48 hours you will report them to Medicare, and the state board of quality medical control.

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3 Answers | Asked in Landlord - Tenant for California on
Q: Hello. I sued my ex-landlord's LLC in Las Vegas, NV. Turns out he filed an Answer, not using an attorney...

and he transferred his assets away and shut down his LLC and stopped responding. I asked for case ending sanctions against him. They were granted. I had NO IDEA how to get a default judgment and it took me a few years to figure it out. I finally did though and got a judgment for almost $8,000.... View More

Leon Bayer
Leon Bayer
answered on Apr 16, 2024

You have done a wonderful job so far. Congratulations for doing it.

Now it is time for reality.

In my opinion, California has jurisdiction because of the defendant's residence there. The judge may see it differently. But even if you win in California, I doubt you will ever...
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2 Answers | Asked in Consumer Law and Identity Theft for California on
Q: I was a victim of identity theft, my bank helped offenders opened a new account & made purchases & withdrawals.

Can they be held liable for negligence and for not protected me as a consumer?

Leon Bayer
Leon Bayer
answered on Mar 25, 2024

You have rights if the bank did not act smart. You don't say what really happened. If you submit a new question with specific facts, the lawyers here can give you better answers.

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2 Answers | Asked in Consumer Law for California on
Q: who do I need to sue Amazon or its vendor?

I purchased a sewing machine from an Amazon vendor; I kept having problems with it, and the vendor offered to take it back, when the machine was returned the vendor claimed it got damaged they offer me 50% of $649 I did not accept their offer now I got Zero,I don't have the machine or my... View More

Leon Bayer
Leon Bayer
answered on Mar 6, 2024

I would like to know who you paid your money to: Was it paid to the seller of the machine, or was your money paid to Amazon?

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