Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Leon Bayer
4 Answers | Asked in Bankruptcy for California on
Q: I filed for bankruptcy and my credit report shows my car loan people have a bankruptcy petition filed chapter 13

I filed for bankruptcy and it got dismissed but it’s still open since then I sent a letter to the judge asking to reopen it and I woke up and seen that my car loan people have since added the bankruptcy to my credit with 0 balance.Does that mean my bankruptcy is back in affect

Leon Bayer
Leon Bayer
answered on Aug 5, 2023

You need to read the actual court record to find out the true status of your case. I doubt your case was reopened just on the strength of your letter. You are flip-flopping on the ground like a fish out of water. An experienced BK lawyer should be hired to straighten out this mess.

You are...
View More

View More Answers

2 Answers | Asked in Collections and Social Security for California on
Q: When i get SSI How much do i have to Repay?
Leon Bayer
Leon Bayer
answered on Aug 3, 2023

You should submit a new question containing info on the debts that you are asking about.

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: Hello! I have a double payment and was never returned the over payment.

Hello, my electric bill was over paid, double payment. 1 payment was made by me, credit card payment, the other was a check sent in. The company is saying that they "returned the money to me" but I never received. I have called them multiple times and had to have people call me back, but... View More

Leon Bayer
Leon Bayer
answered on Aug 2, 2023

Look at your credit card statements for the last 6 months. They probably reversed the cc payment. If not, maybe they mailed a check to the party who wrote the check. Ask that person. Maybe you have already done these things, but you don't say if you did.

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: Can I take Hyundai America to small claims court and succeed?

Bought a 2016 Hyundai Sonata used in Oct. 22. It was well maintained (checked with CarFax) and had 85,000 miles on it. I'm the third owner. Found out this model and year has a couple of major known flaws. The most serious one is that it burns significant amounts of oil which eventually lead to... View More

Leon Bayer
Leon Bayer
answered on Aug 1, 2023

John, I am sorry to tell you this.

You can sue Hyundai in small claims or wherever, but you have no case. Briefly, here are the reasons.

First, they did not sell you the car, thus they did not misrepresent anything to you. Secondly, all the things you are complaining about should...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for California on
Q: Can a tenant receive a violation for the change made in his residence without any prior notice of said event?

I parked in an unmarked parking space at my residence. The next day management painted 'manager' without any notice.

Leon Bayer
Leon Bayer
answered on Jul 31, 2023

The fact is, per your other question, that you have been notified verbally, at least 3 times. You should move your car.

Q: Can action be taken against the tenant for parking violation without proper notice of change in said parking rule?

On Thursday afternoon, I returned home and parked in an unmarked stall. On Friday, I reached out to property management regarding another business matter. At that time, I was verbally notified that the stall I was still parked in had been modified. The stall is now marked 'manager'.... View More

Leon Bayer
Leon Bayer
answered on Jul 31, 2023

I find this interesting. Why don't you just move your car? They keep asking you nicely to move it. Yet you seem intent on escalating the situation. Isn't it worth the small inconvenience of limited parking and "mismanagement" to have your rent subsidized?

2 Answers | Asked in Civil Litigation, Collections and Legal Malpractice for California on
Q: Can a attorney add his fees to an outstanding invoice to have it go above the $5,200/limit for small claims court?

I owe a S corporation $4,193 as of June 30, 2023. Their out of state attorney claims I owe them $5,200, thereby exempting them from small claims and exposing me to his fees on top of the $5,200. Is this legal?

Leon Bayer
Leon Bayer
answered on Jul 27, 2023

It might be legal. Lawsuits often seek an award of attorney fees, when lawyer fees are provided for in a contract or by a governing statute.

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: 140$ for 1(one) ignition coil, changed 2(two) when even new genuine Hyundai manufactured part is 83$, Amazon like 20-40$

Is this looks like a case?

Leon Bayer
Leon Bayer
answered on Jul 27, 2023

This is not a case.

What you have done is demonstrate the personal value of shopping around before you buy something. The reason this is not a case is that the price comparisons you made AFTER you bought could have easily been done by you BEFORE your bought the auto parts.

The...
View More

View More Answers

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...
View More

View More Answers

2 Answers | Asked in Consumer Law and Banking for California on
Q: My checking account is permanently blocked they said . All I did was dispute a transaction and they closed my account.

Was trying to purchase food at my work. Transaction was declined yet the bank put pending and it went through on their end for the wrong amount.

Leon Bayer
Leon Bayer
answered on Jul 25, 2023

Often there is no rhyme or reasonable explanation that is apparent to us consumers. Try to straightening it out with a call to your bank and accept the fact that you will be on hold for an hour before you get to talk to someone.

View More Answers

2 Answers | Asked in Consumer Law, Small Claims and Banking for California on
Q: I have had to verify suspicious activity on my debit card. I had verified 2 times back to back.. All activity by me.

The bank has locked my debit card two times back to back. No suspicious activity on my account. Now can't log into my online acct.

Leon Bayer
Leon Bayer
answered on Jul 25, 2023

It has happened to most of us, me included. You will probably spend an hour on the phone with your bank, which should result in them restoring the access for you.

View More Answers

4 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for California on
Q: Deadline for an out-of-court solution regarding your outstanding debt

I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."

To provide context, I subscribed to their service... View More

Leon Bayer
Leon Bayer
answered on Aug 1, 2023

Look. You owe the money. So pay it, or accept the consequences of not paying it. You don’t get to wimp out.

View More Answers

3 Answers | Asked in Consumer Law and Identity Theft for California on
Q: Can i file a lawsuit on LinkedIn for having another user impersonating me and using my information?
Leon Bayer
Leon Bayer
answered on Jul 16, 2023

Perhaps you can, but not until or unless you have demanded that Linkedin remove the offending post.

View More Answers

2 Answers | Asked in Libel & Slander and Personal Injury for California on
Q: Best Buy tried to say that I was stealing when I wasn't and kicked me out Embarrassing meAnd I did nothing wrong

While I was shopping at Best Buy this worker ran up to me and tried to say that I was still in and wanted their product back but I wasn't I opened up my purse I showed them inside my purse and everything because I wasn't doing anything wrong nor did I still anything I don't do that... View More

Leon Bayer
Leon Bayer
answered on Jul 16, 2023

This is just my initial thought. I think you probably do have a "case", but it sounds like you don't have any "damages."

Life is a gift for us to enjoy. But it does come with certain strings attached, among which are having to suffer from occasional insults and...
View More

View More Answers

2 Answers | Asked in Arbitration / Mediation Law, Collections, Gaming and Lemon Law for California on
Q: 2004 Weekly Grand non-registered "Entry to the Big Spin", Lottery Ticket Mailed directly to CA Lottery in the usps.

$20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests.

Leon Bayer
Leon Bayer
answered on Jul 15, 2023

What is your question?

View More Answers

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...
View More

View More Answers

2 Answers | Asked in Consumer Law and Business Law for California on
Q: Can a hotel legally rent out a room if it's permanently closed?
Leon Bayer
Leon Bayer
answered on Jul 9, 2023

It can IF all of it's required licenses are valid and up to date including the certificate of occupancy, health dept., etc.

A motel that is permanently closed is unlikely to be in compliance.

View More Answers

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

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: Purchased three tickets. Need to cancel one. Is this possible?
Leon Bayer
Leon Bayer
answered on Jul 7, 2023

Your question does not have enough info. I suggest you submit a new question and mention what kind of tickets you have, and where you bought them.

View More Answers

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...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.