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Michael Steven Geller

Michael Geller’s Answers

8 total

  • Getting a persons address for small claims.

    I called one of the recommended lawyers from this website and they said I would be best off going to small claims for my case. I am fine with that, but I do not have the address of the person I am suing. All I have is their name and credit card in...

    Michael’s Answer

    You are going to have to get a subpoena issued from the small claims court and get it served on the credit card servicer. There are instructions on the various small claims sites. Small Claims or regular court, you need a place to serve.

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  • Is a due bill from a dealership an acceptable way to have my down payment returned?

    I purchased a car from a dealership on 5/27, according to my contract they had 10 days to notify me of their intent to cancel the contract. They did not contact me until 20 days later, telling me that the bank did not give a "hard" approval. I was...

    Michael’s Answer

    • Selected as best answer

    Automobile Dealership law is somewhat complex in California. If they did not properly notify you and you were honest in your credit application, you can keep the car and make the payments to the dealership or you can return the car for a full refund, including the agreed-upon value of your trade, any payments you made and your down payment. This should be paid immediately when you return the vehicle, assuming it is in the same condition. There is no reason that they would need the car on the lot just to submit it for financing approval. That makes no sense. I would suggest you consult with someone with extensive knowledge of automobile dealership law.

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  • Repossession

    if your vehicle is repossessed in the state of CA, does the finance company have the legal right to deny you your personal items from the vehicle?

    Michael’s Answer

    Absolutly not. While they can charge for storage, they must give you an opportunity to recover your personal possessions. If you have a complaint about a repossession agency, go to the State of California web site and look under the Department of Consumer Affairs web site, and make a complaint. They license repossession agencies in California.

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  • Is it legal for an emplyer to freeze your vacation that you accure?

    My employer has frozen my vacation accurement saying that i cannot accure more than double my yearly amount without taking vacation. The demands of my project have forced me to cancel my vacation this year three times.

    Michael’s Answer

    While I am not an employment practices attorney, based on the facts as you state them, I believe the employer is wrong. While an employer can set limits on vacation accural, they cannot stop accuring vacation if they are preventing you from using that vacation. An employer cannot have it both ways.

    I would suggest you contact an employment attorney for advice as to what to do.

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  • Re: previous question about suing union president in small claims court because he won't pay back money

    The president was found guilty of taking $2000 but the executive board won't make him pay it back. You are all wrong because I CAN sue in court under Title V Sec 501 b of the LMRDA which states that if the governing body does not recover damages ...

    Michael’s Answer

    If a statute allows you to sue in state court and the amount in dispute is at or below the court's maximum dollar jurisdiction, than that is a court of competent jurisdiction. Assuming what you say is true, you can sue in small claims court.

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  • I have no assets how would i pay

    my car insurance only covers 100,000 for bodily injury . they want more but i have no assets how would i pay?

    Michael’s Answer

    First off, you should have recieved a letter from your insurance carrier telling you that there is a possiblity that the insurance coverage will not cover your liability. They should advise you to get your own attorney. If your carrier refuses to settle for policy limits when there is a possiblity of an adverse judgment in excess of policy limits, the carrier may be liable to pay the full amount of the judgment in excess of the policy limits.

    Usually when there is a claim that is in excess of policy limits and there is no reasonable likleyhood of collecting more, the plaintiff will accept policy limits and give a full release.

    If the plaintiff refuses to accept policy limits and it is offered by the carrier, it may end up in trial. The carrier in this case would only be required to pay the $100,000 plus your defense costs. In this instance, there could be a judgment in excess of your policy limits.

    If all of that occured, you could consider bankruptcy but generally, if there is only limited assets, the plaintiff will accept policy limits. They have no incentive to get an uncollectable judgment.

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  • Can Merchant change a contract for payment options if she feels a customer is untrust worthy - i.e. customer open a CC dispute?

    Also, another thing I want to ask is The merchant didn't fully disclouse all of the options available on the gown, the non-beaded version of the gown is $600 cheaper than the beaded version, but she didn't give us the non-beaded version as an o...

    Michael’s Answer

    I don't think under California law the merchant was under any affirmative obligation to disclose anything to you about options unless you specifically asked. Unless you asked a specific question and they answered falsely, while I think it is a poor business decision, I don't think it is actionable.

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  • We have two business that want to merge into one. We want to continue using the name of both and eliminate the INC off and dba

    We have two business that want to merge into one both do identical business. We want to continue using the name or both and eliminate the INC off one of the entities merge it with the other CORP AND DBA that name so we can operate uing that both n...

    Michael’s Answer

    There are two issues. One is the legal issue. The second is a tax and accounting issue. I can only address the legal issues. A corporation can have one or more dba's assigned to it. Once the new entity is formed, one simply files the dba paperwork in the county in which they are located and publish as required. Once the proof-of-publication is filed, you can open a bank account in the dba name, etc.

    To accomplish the merger, there needs to be a corporate resolution by both corporations. The corporation that is winding down, simply does that and files its final tax return with the IRS and Franchinse Tax Board. Then the shares of one can be sold to the owners under whatever terms you determine.

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