California - Estate Planning Attorneys - Law Office of Janet L. Brewer
NAME:
Law Office of Janet L. Brewer
ADDRESS:
433 Page Mill Rd Ste A
CITY:
Palo Alto
STATE:
CA
ZIP CODE:
94306
PHONE NUMBER:

(650) 325-8276

State lemon laws vary greatly in their interpretation of the federal laws. The federal statutes say that “consumers” can be protected by law if they receive a “defective” product that cannot be repaired by a “reasonable number of attempts” by the manufacturer. Now, there are a number of ways to decipher what problems are covered. For instance, if someone’s window doesn’t roll down or the radio doesn’t work, should they be entitled to a replacement vehicle? Also, there are different ideas about what a “reasonable” number of attempts to repair may be. For some states, it’s as few as one attempt to fix a serious defect, and as much as four repairs done on the same part or eight repairs on various parts.

When it comes to automobile lemon laws for the different states, the Ohio lemon law is one of the best. For example, instead of covering consumers for 1-2 years, Ohio law allows consumers up to five to file their complaint. The law may apply to passenger vehicles carrying nine or fewer people, ride-sharing vehicles not carrying more than fifteen people, farm trucks that carry less than a ton and are used for personal reasons, noncommercial motor vehicles and any parts of motor homes that are not used for cold storage, cooking, eating or sleeping. Most states do not cover motor homes at all, so Ohio law is a little more liberal in its translation. A “reasonable number of repair attempts” is defined as three or more times in a year or 30 days of downtime to fix the same problem, eight or more attempts to repair any nonconformity, or one attempt to repair a nonconformity that could cause serious injury or death if not repaired.

What makes New Jersey lemon law code special, compared to other state lemon laws, is that they specifically include motorcycles and used cars in their law. Motor homes and commercial vehicles are still not covered, but the lemon law in this state affords more protection than most others. They give the manufacturer a total of three attempts to repair the vehicle or 20 calendar days of downtime (whereas most other states allow for 30 out-of-service days and four repair attempts). The New Jersey statutes say that a person must send the manufacturer a “final demand” letter, which gives the manufacturer one last attempt to repair the vehicle over the next 10 days before the consumer files the official lemon law complaint.

State lemon laws may allow a manufacturer up to four times to correct defects, but not always. For instance, the Georgia lemon law says that a consumer may be eligible for a refund or replacement after just one attempted repair at a serious impairment. Safety defects in the braking or steering systems are simply not tolerated under Georgia law. Other defects allow the manufacturer an additional try to repair the vehicle again during the first two years or 24,000 miles before the lemon law for Georgia applies. In some states, the vehicle must be out of service for 30 days (or repaired four times) within the first year before a consumer can cash in. However, in Georgia, the vehicle must be out of service for just 15 days during the first 12,000 miles and 30 days during the first two years. In this state, new vehicle purchasers, those who lease and small business owners (making $100,000 or less per year) are all eligible for consumer protection.

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California - Estate Planning Attorneys - Law Office of Dimaggio & Watkins
NAME:
Law Office of Dimaggio & Watkins
ADDRESS:
12 S San Gorgonio Ave
CITY:
Banning
STATE:
CA
ZIP CODE:
92220
PHONE NUMBER:

(951) 849-0326

How does the lemon law vary between used and new cars?

New cars come with a manufacturer warranty that covers most aspects of the vehicle. Used cars can still have a partial existing warranty or may be sold “as is” to the consumer. Lemon laws vary depending on the particulars of the sale. If you knowingly bought a vehicle that had been previously wrecked and salvaged, you cannot later go back and try to claim a violation of a lemon law. It is easier to get consumer protection laws that cover new or warranty covered items but you can still have some coverage even if you buy a used car. In the case of lemon laws being enacted against a fraudulent seller, the seller may have to take the car back and reimburse you time, money and court costs. A new car seller may simply put you into a different car.

What is the lemon law benefits concerning used cars?

If you purchased a used car then you automatically know that you are getting a car that someone else has previously owned. If it is a newer used car then it may still have some existing manufacturer’s warranty or you may be even offered an extended warranty to cover certain parts of the car. When you purchase a used car you need to try to get the seller to disclose everything. An even better way is to get a vehicle history report yourself so you know that you are covered. If the seller tells you and signs documents stating that there is nothing wrong with the car, it has never been wrecked, etc. then you have a right to take the seller to court if you find out he or she knowingly lied to you. Even if your state does not have lemon laws to cover you, you can still have some consumer protection laws that are on your side.

Is the lemon law just for vehicles?

A lemon law is not just for vehicles. It also covers computers, wheelchairs and practically anything electronic. Even your television set may be covered under lemon laws. The one thing that bears repeating is that you absolutely must know what the consumer protection laws in your state cover. Some items may be covered and some might not be. The age of the device or vehicle plays a large portion in whether or not you are covered.

If my vehicle turns out to be a “lemon” what do I need to do next?

Finding out that your new vehicle, or at least new to you vehicle, is a lemon is a hard pill to swallow. Most consumers are first in disbelief that this is happening to them. You may be very angry that someone has taken advantage of you. This is not the time for threatening phone calls. It is time to calmly look up the details of the sale as well as all applicable lemon laws in your state. You may need to take the vehicle into a separate repair shop to get the full assessment of the damages. After that you can opt to either contact the seller or hire an attorney directly. Just remember to stay calm. Getting angry and yelling is not going to help your case and will only upset you further. Follow the lines of the law and you may be able to get your money back.

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The lemon law varies across the United States, but if consumers feel they have been unwillingly sold a defective car, truck, motorcycle, SUV, RV or boat, they can sometimes qualify to get their money back or a trade-in replacement. If a consumer’s vehicle continues to have defects that impair its safety, use or value, then it’s probably a lemon car. Generally speaking, if the car has been repaired four or more times for the same defect during the warranty period, then it will qualify as a “lemon.” The defect cannot be something trivial like peeling paint or a harmless rattling sound, however.

The federal law defines a lemon as any new vehicle that has a serious defect that isn’t fixed within “a reasonable number” of attempts or after “a certain number of days” out of service. Under the Magnuson-Moss Warranty Act, the buyer is protected for any product costing more than $25 that comes with a written warranty. The Uniform Commercial Code allows for consumers to get a refund or replacement for “lemon” products. As one can see, these federal laws are vague at best. It’s the state-specific laws that really specify what restitution is given for the defect and what constitutes as a lemon purchase.

Florida’s lemon law applies to new or demonstrator vehicles that are bought or leased. The Florida lemon law does not cover semi trucks, off-road vehicles, resale vehicles or motorcycles, or even a moped. Consumers must report the defect to the dealer during the first 24 months after the date of delivery. At that point, the dealer has the opportunity to attempt to fix the problem. The vehicle may then return to the manufacturer for up to three more times or be off the road for 15 days before a “defect notification form” may be filed. They may also be eligible for a refund or trade-in.

Sometimes consumers win their lemon law cases because vehicle histories are attached to the VIN number. So titles, buy-backs, recalls, minor and moderate collision damage and previous owners can all be looked up by a reporting service. In many instances, vehicles were poorly rebuilt following an accident. Some vehicles were even tampered with to show lower mileage, hide mechanical defects or make corrosion look less severe. Lemon law lawyers aren’t 100% necessary but many people who hire them feel they are better represented and more informed during the complaint process.

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California - Estate Planning Attorneys - Law Office of Daniel K. Printz
NAME:
Law Office of Daniel K. Printz
ADDRESS:
5631 Palmer Way
CITY:
Carlsbad
STATE:
CA
ZIP CODE:
92010
PHONE NUMBER:

(858) 740-4370

There are basically two strategies that are used in order to facilitate child protection. There is the immediate, formal protective strategic plan for continuing safety and it is put into place when there is a present danger, which is typically recognized during the initial meeting or contact with the family. When danger has been identified, the Child Protection Service (CPS) puts all other intervention activities, including the assessment, on hold in order for the immediate protective option to be established. After the present danger has been identified, the CPS is responsible for ensuring that a child is safe while the intervention continues. The immediate protection strategy contains certain documentation and elements that need to be recorded.

The formal safety strategy will usually happen during or at the end of the first assessment, after all of the pertinent family information has been taken and analyzed. This formal plan is written on a document and it helps to recognize any foreseeable dangers; it lists child safety products, services and childcare providers.

The biggest difference between the two plans is that the immediate protective strategy takes effect with only a limited amount of information about the child and family, which was gathered during the first encounter. However, the formal child protection strategy does not occur until full and complete information on the child and the family has been documented.

Some feel that there should be additional provisions added to the ones already in use. They believe that safety care management and intervention should be provisional; that it should refer to specific actions and arrangements that CPS may take at the present time based upon current threats to the child’s safety, or if there is not a sufficient childcare provider available to ensure protection.

Under this kind of arrangement, the provisional care stays in place while the Child Protection Service searches for a more suitable, stable and permanent living arrangement for the endangered child. Many believe that in order for this to work you would have to give protective responsibility to child care providers and offer them child protection training. If none of this is appropriate to the case, then they may have to look outside the child’s home and family for additional permanency options.

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It’s hard to accept the fact that you bought a $10,000 to $20,000 useless piece of junk. The good news is that you don’t have to accept that! In America, legislation called “lemon laws” has been put into place to protect you from purchasing a defective product. In most cases, this product is a car lemon, although some states have similar laws for computers, appliances, devices for the disabled and even puppies. While you can file a complaint on your own, the most logical course of action is to find the one of the local lemon law attorneys to take on your case and ensure a win.

To find the best lemon law attorney, you should first look for someone who is legitimate. Ask the lemon law lawyers up front what sort of qualifications and experience they have in lemon law litigation. Next, you can surf databases like www.bbb.org, www.martindale.com, www.lawyers.com or www.ishereallyalawyer.com to find more information on a firm or particular attorney’s track record. Here you’ll see if any complaints have been lodged or if people have been generally satisfied with how their cases were handled. If you’re still unsure, you can contact your state’s local bar association to ask if a particular attorney is licensed in your state. Going a step further, you can also ask an attorney for references or Google the name to see what comes up.

Next, you will want to find out what sort of fees lemon law attorneys require to handle cases. Sometimes they need small fees to file the paperwork, but people who are experiencing financial hardship can get a break if they discuss their case openly and honestly. Often times, the lemon law lawyers work on contingency basis or do not collect any money until their cases have been won. The settlement usually includes money for the purchase of a new vehicle, money to cover past repairs and the legal fees associated with the case too, so the consumer does not really lose any money at all.

Remember that location is important when considering lemon law attorneys. Since state and federal laws vary greatly, you will want someone who not only works in your immediate area, but who also has been licensed and trained in your region. If your attorney has to travel great distances to counsel you or if your attorney hires other people to represent you in court, then you should consider how this may affect your settlement. It would also be nice to be able to hop in the car and drive down to the firm whenever you need to fill out new documents or seek attorney advice. While you don’t want to just choose any lawyer based on proximity alone, this should certainly be a factor.

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California - Estate Planning Attorneys - Law Office of Daniel E Allen
NAME:
Law Office of Daniel E Allen
ADDRESS:
777 Campus Commons Rd Ste 200
CITY:
Sacramento
STATE:
CA
ZIP CODE:
95825
PHONE NUMBER:

(916) 482-5678

Abuse may come in many forms; it may be psychological, sexual or physical. Neglect occurs when the individual responsible for childcare fails to meet even the basic needs of a child. Children who have suffered from child abuse and neglect will generally have many problems, including sleep disorders, anxiety and other problems that are compounded by stress.

A neglected child may show signs of poor hygiene or nutrition and it is likely that their medical care needs, such as appointments and medicinal prescriptions are not being met. Some signs that may indicate a child is being neglected include inadequate or inappropriate clothing, malnutrition, unsafe, unsanitary or unclean living conditions, dehydration and untreated medical conditions. The children of abusive caregivers may also appear passive, overly compliant or withdrawn. School children may show up early, stay light and may, understandably, not want to go home.

Signs to look for if you think that a parent or care giver may be responsible for child abuse and neglect may include showing little concern for the child, blaming the child for all problems at school and at home and may even ask that teachers or other caregivers use harsh physical punishment if the child misbehaves. Discipline has positive effects on the future of a child, while abuse only has negative ones. Sometimes they will demand a very high level of performance that the child cannot achieve, either physically or academically. They will usually view the child, and usually voice those views, as burdensome or worthless.

There are also signs that you can look for when the child and parent, or child and child care provider are together. They will rarely look at or touch each other, will usually openly state that they do not like each other and both will likely consider their whole relationship as entirely negative.

There is a division within the local and state social services agencies known as Child Protection Services (CPS) that is generally at the center of every community’s efforts to prevent incidents of child abuse and neglect. This agency is mandated by law to conduct an assessment and the initial investigation of a child abuse report. However, this responsibility does not fall on the shoulders of CPS alone, as there are many other agencies involved as well, including law enforcement officers, educators and healthcare providers. It is a joint effort to identify, investigate, treat and eventually end child abuse.

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