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Questions Answered by Leon Bayer
3 Answers | Asked in Bankruptcy for California on
Q: Good afternoon. Is it possible to legally remove yourself from a trust?
Leon Bayer
Leon Bayer
answered on Nov 7, 2023

Yes, you can renounce the benefits that are designated for you.

You should have this done with the help of an experienced trust attorney.

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3 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: I received a letter in the mail stating that this company had inadvertently paid my property taxes and wanted reimbursed

The amount they want is over $6,000.00. I did receive an escrow analysis refund of $2,400.00 earlier this year but I've received those before on previous properties that I've owned but if there was over $6,000.00 paid to my property taxes, wouldn't that have triggered a $6,000.00... View More

Leon Bayer
Leon Bayer
answered on Nov 6, 2023

It sure sounds like a scam. I would tell them to go pound sand. If they sue, they have to prove it in court, right? And if they prove it, then you can pay them.

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2 Answers | Asked in Divorce, Family Law, Immigration Law and Collections for California on
Q: Can my spouse sue me for the money she spent on my immigration process?

I am a green card holder due to my US citizen spouse who took care of all the expenses for my immigration process (around $9,000 in total). I have only been staying in the US for about 10 months so far. Unfortunately, the relationship is not doing okay and I would like to separate and leave the US.... View More

Leon Bayer
Leon Bayer
answered on Nov 6, 2023

Don't worry about it. She can sue you. She can sue you 100 times. But she won't ever collect. So tell her goodbye, and leave.

Besides, a suit for $9000 will cost her about $10,000 or more in fees if she hires a lawyer.

And finally, she really has no case against you. The...
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3 Answers | Asked in Consumer Law, Criminal Law, Traffic Tickets and Arbitration / Mediation Law for California on
Q: How do I prove that my car was illegally towed from a private property that had no legal rights
Leon Bayer
Leon Bayer
answered on Nov 6, 2023

You have no business leaving your car on someone else's property without permission. End of story.

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4 Answers | Asked in Contracts and Bankruptcy for California on
Q: We bought a home 2 years ago that had 9 years left on a solar lease with American Solar Direct. Can we get out?

Our panels generate enough power to run our refrigerator and our electric bills are through the roof. ASD went bankrupt years ago. Can I get out of this lease and have a new company take over?

Leon Bayer
Leon Bayer
answered on Nov 1, 2023

This simply can't be answered without a review of all the paperwork concerning the transaction. The fact that the vendor went out of business does not, standing alone, mean anything. Someone still owns the lease, either a successor company or some entity that purchased it from the bankruptcy... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

Leon Bayer
Leon Bayer
answered on Oct 31, 2023

There is a lot going on in this question, but frankly, much of the question is incoherent.

If you have insurance, then turn it over to your insurance.

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: The car dealership wants to lower the price on the contract, but I'm to pay full price? Legal?

I'm in the process of buying a used car in California the dealer wants to lower the price significantly but still wants me to pay the asking price. I feel like this is beneficial for them but not Me is This legal and is there a way for me to get out of the agreement or get my deposit back? And... View More

Leon Bayer
Leon Bayer
answered on Oct 26, 2023

I suggest you submit a new question. How does the dealer lower the price but still charge the original price? And, how much is your deposit, and why did you pay a deposit before making a contract?

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a dealership repo my car if the mechanic left tools when fixing a flat tire and somebody stole them?

Mechanic left tools to go get a socket to fit my lug nuts and someone stole them while I was inside getting my purse. Dealer has threatened to repo car if tools are not returned. I don't know who took them. I didn't see any tools when I was at my car.

Leon Bayer
Leon Bayer
answered on Oct 21, 2023

The dealer has absolutely no right to do that. That would be the same as grand theft auto and you can sue his ass off!

The dealer is a jerk. You can set him up. Ask him to put that in an email. If he is stupid enough to do that, use the email to file a complaint with the California Bureau...
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3 Answers | Asked in Bankruptcy for California on
Q: Is my BK endangered by my roommate sister adding a cousin to her credit card that lives elsewhere? He received cc here

She said his actual residence address was listed in her authorization user process and not at my condo. I'm worried this will be a wrench in process that's waiting for a ruling. I'm in California by the way

Leon Bayer
Leon Bayer
answered on Oct 21, 2023

I see no problem with the other person associating the address where you live with his credit card application.

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2 Answers | Asked in Criminal Law and Collections for California on
Q: If s.o. is arrested & bailed out before the court date,then it is a DA reject & bail is exonerated; isn't bail $ return?

With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo?

Leon Bayer
Leon Bayer
answered on Oct 20, 2023

Bail bond has not been eliminated across the board. Only in certain classes of cases. It sounds like there is still a bail bond required in your particular case. If so, the payments are required to pay the premium for issuing the bail bond.

A bail bond is actually a personal loan. The...
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2 Answers | Asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California on
Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims... View More

Leon Bayer
Leon Bayer
answered on Oct 18, 2023

I’m terribly sorry for what this must have done to you and your family.

I suspect that your insurance claim will be denied IF your son was a resident of your house.

If he did not live with you, you stand chance that your insurance will cover the property damage. However the...
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2 Answers | Asked in Collections for California on
Q: My car was repossessed. I got it reinstated. The repo company won't call back. My car is in a parking lot. Can I get it?

I also received a repo receipt.

Leon Bayer
Leon Bayer
answered on Oct 8, 2023

You need to get it released to you from the repo yard. Arrange it thru your lender. You can't just go and take it.

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2 Answers | Asked in Consumer Law for California on
Q: my car was towed from complex with out office calling

office never called tow company was looking for cars and said office had to sign for it,

Leon Bayer
Leon Bayer
answered on Oct 7, 2023

Was your car repossessed, or towed for parking in the wrong place? Maybe it really doesn't matter. If that is what happened, it's not anyone else's fault but your own. No one was required to warn you that the tow truck was there.

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2 Answers | Asked in Contracts and Consumer Law for California on
Q: I made a hasty decision and signed up for an online music school that I really can’t afford. Can I cancel the contract?

I just signed it today - I’m in NY, the contract and school are in CA. I was in my home when I signed the contract. I wasn’t informed of any cooling off period or given cancellation forms to use within the cooling off window.

Does the FTC cool off rule apply here? The contract... View More

Leon Bayer
Leon Bayer
answered on Oct 5, 2023

You may have leverage under both California and Federal law. Here is the link to a good discussion to begin your research. https://www.upcounsel.com/3-business-days-to-cancel-contract#:~:text=If%20that%20doesn't%20work,notice%20to%20the%20other%20party.

How did you pay the deposit?...
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3 Answers | Asked in Banking, Bankruptcy, Divorce and Family Law for California on
Q: court ordered payments and bankruptcy in california

If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More

Leon Bayer
Leon Bayer
answered on Oct 4, 2023

Debts to a former spouse arising from divorce proceedings are not dischargeable in a BK. Even the sanctions and lawyer fees, contrary to what attorney Waxman wrote.

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3 Answers | Asked in Consumer Law for California on
Q: Do/will you go after unfair and deceptive merchants? How does the consumer force a merchant to follow the law?

Fraud against consumer

Leon Bayer
Leon Bayer
answered on Oct 4, 2023

Frankly, I don't bother. All the effort you can put into trying to enforce the law is a waste of time. The best thing you can try doing is to report the offender to any relevant licensing bureaus of government.

Your time is always better spent BEFORE you do business with someone, such...
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3 Answers | Asked in Consumer Law for California on
Q: My car has been in the repair shop since 6/2021

I bought a 2014 in in 2021 corvette with 43k miles 1 month later the engine broke down the dealer said since i bought it as is he couldnt help me. I towed it to a shop on 6/2021 paid him 9k upfront

On 9/21 he said he needed more money for some other parts i gave him 8k cash. Everytime i... View More

Leon Bayer
Leon Bayer
answered on Oct 4, 2023

Basically, I think you are screwed. I would remove the car from the shop, immediately.

You can then sue the shop owner in small claims court for up to $10,000 because of his expired license and for breach of contract, but don't hold your breath while you try to collect.

Guys...
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3 Answers | Asked in Bankruptcy for California on
Q: Should I bother paying off credit card debt ? Or should I just default?
Leon Bayer
Leon Bayer
answered on Oct 3, 2023

Let's not put the cart before the horse, or you won't get anywhere.

Go see a BK lawyer. You can easily find one who won't charge you for a consultation. Don't make a decision before you know what your legal rights are.

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2 Answers | Asked in Consumer Law and Banking for California on
Q: Can a bank branch manager request a customer speak to another bank in their presence to verify a transaction?

Funds were placed in a loss prevention account for "suspected irregular activity."

Leon Bayer
Leon Bayer
answered on Sep 30, 2023

YES.

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3 Answers | Asked in Consumer Law, Contracts, Business Law and Gov & Administrative Law for California on
Q: Is it illegal for university meal plan points to expire after 11 weeks? Especially in California.

University meal plan points are strikingly similar to gift cards, stored value, etc. I know there are laws in California pertaining to the expiration of gift card points, stored value, etc. University meal plan points expire after 11 weeks. Is this illegal?

Leon Bayer
Leon Bayer
answered on Sep 30, 2023

I assume you knew that when the plan was purchased. If so, the terms were accepted by you, and it became a legally binding contract.

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