Michael Steven Geller’s Answers

Michael Steven Geller

Riverside Debt Collection Attorney.

Contributor Level 6
  1. Is a due bill from a dealership an acceptable way to have my down payment returned?

    Answered over 2 years ago.

    1. Michael Steven Geller
    2. Yitz Erik Weiss
    3. Scott Richard Kaufman
    3 lawyer answers

    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...

    Selected as best answer

  2. Repossession

    Answered almost 5 years ago.

    1. Michael Steven Geller
    1 lawyer 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.

    1 person marked this answer as helpful

  3. I have no assets how would i pay

    Answered almost 5 years ago.

    1. Michael Steven Geller
    2. Pamela Koslyn
    3. Jeffrey Michael Donato
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  4. 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

    Answered almost 5 years ago.

    1. Michael Steven Geller
    2. Dana Howard Shultz
    3. Pamela Koslyn
    3 lawyer answers

    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....

    1 person marked this answer as helpful

  5. Getting a persons address for small claims.

    Answered over 2 years ago.

    1. Michael Steven Geller
    2. Adam Jay Jaffe
    2 lawyer answers

    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.

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

    Answered almost 5 years ago.

    1. Michael Steven Geller
    1 lawyer 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.

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

    Answered almost 5 years ago.

    1. Michael Steven Geller
    1 lawyer 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.

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

    Answered almost 5 years ago.

    1. Steven Alan Fink
    2. Michael Steven Geller
    3. Alan James Brinkmeier
    3 lawyer answers

    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.