Timothy Bryan Liebaert’s Answers

Timothy Bryan Liebaert

Palm Springs Real Estate Attorney.

Contributor Level 10
  1. My case was dismissed but my car was towed .can i get car money back?

    Answered over 4 years ago.

    1. Aaron Todd Hicks
    2. Timothy Bryan Liebaert
    2 lawyer answers

    If you were justifiably mistaken for the shooter than I would say no chance. If you were not justifiably confused as the shooter, then you could sue, perhaps, in small claims court. First, however, it would be necessary to file a Government Claim. That must be filed within 6 months of the incident, or basically you are out of the water. They might even accept and pay the claim, if they agree a terrible mistake happened.

  2. Our ac is broken and the landlord might not pay to get it fixed.should i pay the rent this month?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Frances Miller Campbell
    2 lawyer answers

    In California you can "repair and deduct." The "repair and deduct" remedy allows a tenant to deduct money from the rent, up to the amount of one month's rent, to pay for repair of defects in the rental unit. This remedy covers substandard conditions that affect the tenant's health and safety, and that substantially breach the implied warranty of habitability. Examples might include a leak in the roof during the rainy season, no hot running water, or a gas leak. As a practical matter,...

  3. How can I evict a renter without a written lease agreement?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Nichelo Michael Campbell
    2 lawyer answers

    No, you can evict the tenant for non-payment. However, if there is an issue with the premises they could sue you, claiming that the place is not habitable. Then, you would have a different issue.

  4. Could I be facing jailtime? Kidnapping charges? Can I move case here? What might happen?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    You have a sticky matter. You have many facts that impact what is going on. If you violated a law, yes you can be charged with that. Removing a child from the state without the other parent's consent is a Federal Crime (Parental Kidnapping.) The only real basis for something like that is imminent peril. If there is any chance that this might come back to you, you need to see an attorney.

  5. California right to set off

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Pamela Koslyn
    2 lawyer answers

    I have never heard of such a thing. If a car is repossessed, the normal procedure (and it is required by law) is that the auto is sold at a public auction for a "commercially reasonable price." They must give the borrower notice. Then, if the car sells for less than what is owed on the note, then they ask you to pay the difference; that is called a deficiency. Unfortunately, I have seen this process not be followed. Unless you made some "special" arrangement with the bank, I do not...

  6. How do i sue an shipment company that hasnt fulfilled the contract we both agreed to

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    1. You need to locate the agreement that you and the shipment company agreed to. While I not a betting man, I will bet you 10-1 that there is a "tariff" that applies. Under that "tariff," the company's liability is limited. So, that you only had $700 worth of stuff is good. 2. Having said that, your local small claims court would be the place to go. However, remember that you have to find out what you agreed to. It may be that they will just pay you off if you document your claim...

  7. I want to file a claim against citimortgage

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Pamela Koslyn
    2 lawyer answers

    There are a lot of confusion going on with mortgage companies these days. If the law was not followed it can supply grounds to set the sale aside. However, a second option is to sue for damages. This inquiry is very fact specific. Having said that, an attorney would need to learn of the facts and apply the law. The bottom line is that with the state of the residential mortgage crisis, it bears looking into.

  8. My 13yo took etoh to school in 12/09 & now marijuana in 05/10

    Answered almost 5 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    The question you presented sounds rather simple. It is not your ex-husband's position to alter visitation because he thinks you are at fault. That decision is left to Family Court Judges. Now, if you were dangerous or not watching your son well enough, he has an argument that the court could support. Again, however, what will the court support? The court will normally support visitation---unless there is a good reason for the judge to curtail visitation. Did you let your kid drive your...

  9. Can I be held accountable for not smogging my car before selling?

    Answered almost 5 years ago.

    1. Timothy Bryan Liebaert
    2. Pamela Koslyn
    3 lawyer answers

    Yes. The law says the seller must smog the vehicle before selling. It does not get any more complicated than that. It is quite simple, actually.

  10. Can I be held accountable for not smogging my car before selling?

    Answered almost 5 years ago.

    1. Timothy Bryan Liebaert
    2. Pamela Koslyn
    3 lawyer answers

    Yes. The law says the seller must smog before selling. It does not get any more complicated than that.