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2 Answers | Asked in Consumer Law for California on
Q: Is it actually possible to fill out a 1099-A form with the treasury as the lender and me as the borrower?

If I put my social security number in "borrowers tin" and fill it out then hand it to a bank to ask them for a letter of credit for whatever amount is on there, is that an actual thing people can do as a cestui que trust fund?

Leon Bayer
Leon Bayer
answered on Jul 2, 2023

You could physically do that but it will have no legal effect to forgive the taxes you owe. And it will be the biggest mistake you will probably ever make. It will be a false instrument, if you mail a copy to the IRS for their records it could be Postal Fraud, plus income tax evasion, impersonating... View More

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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 Consumer Law for California on
Q: Looking for a lawyer to sue Home Depot for over charging consumers....happens everyday at all stores very easy to prove

Consumer purchases 1 item say .50cents but changings their mind and same consumer wants 100 of said same item, consumer will be charged 50.50. extra .50cents , really it should be cheaper as a quanity discount , that point as side... home depot has more then 1000 stores all selling said item with... View More

Leon Bayer
Leon Bayer
answered on Jun 29, 2023

There is no law that requires a seller to offer bulk discounts.

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1 Answer | Asked in Consumer Law for California on
Q: What to do if I believe my bank is robbing me?

I have some auto payments in my bank account, and my bank is charging me a few cents more for some of this payments (Like Amazon Prime, and Gym Membership). It also happened a few times for normal transactions, not the autopay ones. But the most is for the autopay. And I checked my Amazon and Gym... View More

Leon Bayer
Leon Bayer
answered on Jun 27, 2023

Ask your bank for an explanation. I would expect them to have some kind of service charge to handle the payments for you.

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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2 Answers | Asked in Consumer Law for California on
Q: how soon can I get sued from a credit card company for non payment

I had 4 cards with American Express, they closed my accounts on feb 5 due to not receiving information. I called them apparently the day that they were gonna close it and when I tried to provide information to them they said the person handling the accounts was busy. They didn't call me until... View More

Leon Bayer
Leon Bayer
answered on May 25, 2023

The closure of your Amex accounts did not relieve you of the obligation to pay. That said, it raises other important questions, such as the history of the situation leading up to the account closure. I suggest you obtain actual legal representation immediately.

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2 Answers | Asked in Consumer Law, Landlord - Tenant and Contracts for California on
Q: The leasing office/management of my apartment is employing a scheme to shorten tenants' leases

My apartment claims that, based on their internal policy, they shorten our 12-month lease by a few days so that our lease can end on a Monday. For example, if your lease starts on May 25, 2023, a 12-month lease should end on May 24, 2024. However, they assert that according to their internal... View More

Leon Bayer
Leon Bayer
answered on May 23, 2023

Your landlord is legally bound by the terms of the lease contract, just the same as you are. Their own "internal policy" has nothing to do with it. I suggest that you carefully read your lease to determine the end date. I also suggest asking the leasing office if they are going to pro... View More

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... View More

Leon Bayer
Leon Bayer
answered on May 21, 2023

Your beef is with your sister, who caused all this mess. The storage place is innocent.

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3 Answers | Asked in Bankruptcy for California on
Q: I am living with my boyfriend and he receive debt collectors letters and doesn’t pay, can they come after me ?
Leon Bayer
Leon Bayer
answered on May 20, 2023

His creditors can not hold you personally responsible.

However, I suggest two things. Take him to a bankruptcy lawyer for advice about his debts. Most BK lawyers will talk to him for free. And, don't marry him or have kids with him until his debts are resolved!

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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 Consumer Law for California on
Q: Is the anything I could do to get my car back the company and the loan being talking so long to get my car back , form o

Is the anything I could do to get my car back the company and the loan being talking so long to get my car back , form or anything I could do ? Plz let me know

Leon Bayer
Leon Bayer
answered on Apr 11, 2023

You should submit a new question with more specific information. For example, we can't tell if your car is in a repair shop or if it was repossessed. What exactly is going on?

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Hello I need help is this true or false

Based on the information provided, it appears that you have paid for more than half or 60% of the car, and there are concerns about the protection you have under the contract.

Typically, when you sign a contract for a car loan, the terms and conditions are based on the initial loan amount.... View More

Leon Bayer
Leon Bayer
answered on Apr 11, 2023

The information is false. The sale of the contract does not alter or change any provision of the contract. All the original terms, including your warranty, remain in full force and effect.

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2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: We were discriminated against by Dennys restaurant how do I sue them and what kind of lawyer do I need?

The district Mgr and night Mgr were part of this too. We were threatened by them.

Leon Bayer
Leon Bayer
answered on Apr 1, 2023

I am sorry that such a thing happened to you. I suggest that you do a search for "civil rights lawyers."

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