Getting The Most Juice In Your California Lemon Law

It is a consumer's right to return a defective product that he has purchased. The US legislative and justice system through the California Lemon Law recognizes this right in auto buyers, who may risk life and limb for one defect in their car.

The California Lemon Law allows new and used car buyers to demand for refund or replacement when the cars that they have purchased have been proven to be defective. Here are some tips that will help you get the most "juice" from your "lemon."

1.Never let the manufacturer or dealer discourage you
The California Lemon Law provides guidelines by which you can determine if your car qualifies. A car is considered a "lemon" under the California Lemon Law if it has been repaired four times and the defect has not been fixed within the period of 18 months or 18,000 miles whichever comes first. Two repair attempts are given to defects that may cause injury or death.

2.Know your rights
Research the guidelines provided by the California Lemon Law and decide for yourself if what you have is a "lemon. Don't let some scrupulous salespersons fool you into not filing a complaint or selling your car to them at a loss. There are a lot of websites in the Internet that could provide you with relevant information on California Lemon Law.

3.Read your manual
Don't let that manual gather dust in one of your drawers. Know everything about your car especially the things that you cannot do with or to it. Take care of your car and follow the manual to the letter. Otherwise the manufacturer could blame the problem on your poor use. Remember that though the California Lemon Law protects your right, you have to prove that the defect has not been caused by you.

4.Don't waste time
Remember that the California Lemon Law provides a deadline for complaints. Don't wait for the last minute to file yours.

5.Take it to authorized service center
In having your car repaired, make sure that you go only to authorized service centers to ensure that the car is repaired properly. Under the California Lemon Law, buyers should have the defect repaired by the manufacturer through its service centers and at least inform the manufacturer of the need for repair.

6.Keep records
Never fail to ask for proper documentations, even if the center has not seen anything wrong with your car. Those are needed when you file a complaint under the California Lemon Law. So, it is important that your complaints be documented from the onset. Make sure also that when they do give you a receipt or record, the information is complete and accurate.

7.Put it in black and white
Send a letter of complaint. This is one way to legally give notice to your problem under the California Lemon Law. Inform them of the problem and outline the number of repairs that you have done. If possible, send it over through certified mail to make sure that they did receive it.

8.Know your options and seek advice
Most car companies have arbitration program that take care of Lemon Law complaints in California. If arbitration does not work, you can always seek legal counsel. Remember that arbitration decisions are not final and some companies even give a quick refund when a lawyer gets involve.

About The Author:
Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.

Copyright Terry Dunn - http://www.Lemon-Law-Explained.com

Tougher Bankruptcy Laws Take Effect October 2005James Dimmitt In just a few short weeks, President Bush's Bankruptcy Abuse Prevention and Consumer Protection Act will take effect. In a nutshell, the new law, which goes into effect on October 17, 2005, makes it more difficult to cancel your debts under Chapter 7 Bankruptcy protection. Instead, consumers will find themselves having to file for Chapter 13 Bankruptcy protection and paying back their creditors over a five year period.

Here's a look into some of the major changes that will affect consumers choosing to file for bankruptcy after the new law goes into effect -

Qualifying - Chapter 7 or Chapter 13?

To be able to qualify for protection under Chapter 7 bankruptcy, consumers will have to face a means test. The means test determines if your household falls above or below the median income in the state where you reside. Those whose total is greater than the state median income will not qualify to cancel debts under Chapter 7 protection and will alternately have to file under Chapter 13 and pay back your creditors.

The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased.

The amount you have to pay back under Chapter 13 protection will be greater because instead of a 3-year pay back period, that time frame is now extended to five years - to ensure your creditors get paid.

Credit Counseling

Anyone filing for bankruptcy under the new law will be required to go through mandatory credit counseling. Be careful before choosing a credit counselor as this field is filled with people looking to line their pockets while emptying yours.

To find a trustworthy counselor, check to see if there are any complaints against them or their organization filed with your local Better Business Bureau. Secondly, find out if they are certified by the National Foundation of Credit Counselors or the Association of Independent Consumer Credit Counseling Agencies. Finally, find out if they have not-for-profit status. Personally I recommend Consumer Credit Counseling Services as they meet all three of the above criteria. They can be reached at 1-800-888-2227 and can connect you with a local office.

The Cost Factor

Filing for Chapter 7 protection under the old laws normally cost under $1,000. You should expect to pay more under the new laws as filing fees have been increased by $60. Additionally, your attorney will be required to double check all your financial information which will take more of his or her time. Also there is greater liability imposed on the lawyer which may cause their liability insurance to increase, which gets passed on to their clients in the form of higher fees. Under the new law, many are expecting fees to increase between 25-50%.

Why Were the Laws Changed?

The bottom line is that major commercial creditors lobbied hard for reform. Companies like CitiBank, MBNA, and other credit card issuers actively contributed proposed amendments along with generous financial support to reforming the bankruptcy laws - and in their favor, according to many consumer protection groups.

Lemon Laws Dont Protect Used Car Buyers

Most buyers of new cars are probably familiar with lemon laws, which allow consumers a refund or replacement when their car turns out to be defective. These laws generally cover leased cars as well as purchased ones, and they have worked well as a consumer protection tool. Unfortunately, no such laws exist for used cars, and buyers should be careful when purchasing them.

Most buyers of new cars are probably familiar with lemon laws, which allow consumers a refund or replacement when their car turns out to be defective. These laws generally cover leased cars as well as purchased ones, and they have worked well as a consumer protection tool. Unfortunately, no such laws exist for used cars, and buyers should be careful when purchasing them.

Many car dealers offer certified used cars that come with some sort of warranty, but most independent used car dealers do not. In most states, the law permits used car dealers to sell cars as is, and in that case, anything that goes wrong, even if it happens five minutes after purchase, becomes the buyers problem. Dealers selling cars on an as is basis often arent even required to disclose any problems a vehicle might have to potential buyers. Most independent car dealers sell older, less expensive cars than those sold at major auto dealerships. A lot of the profits that independent used car dealers make come from financing, particularly from financing those with bad or poor credit. Those with problem credit often find that such dealerships, which self-finance, are their only chance at obtaining a car loan. These loans, with their resulting high payments, often leave buyers without any extra cash to pay for repairs of undisclosed problems. Legislators in several states are considering laws that will require used car dealers to have their cars inspected by certified mechanics prior to their being offered for sale. This will help, in time, but what can a potential buyer do now?

# Ask to have a certified mechanic examine the car before purchase. Any reasonable dealer should allow you to take the car to a mechanic; if not, you should probably shop elsewhere.


# Get a list of the cars known problems in writing prior to purchase. Inquire as to whether you have any recourse should something go wrong after the sale.


# Ask the salesperson if the car has any sort of warranty, and if so, get it in writing. If they tell you the car is sold as is, ask them to define those terms exactly.


# Contact your local Better Business Bureau to see if they have had any complaints about that particular dealer.


# If possible, purchase a used car from a dealership that offers certified used cars with a written warranty.


Buying a used car is more problematic than buying a new one. After all, a used car is one that someone else didnt want anymore. Buyers who are considering a purchase of a used car should be aware that their protection under the laws of most states is quite limited. Asking a few questions and doing some investigation prior to making the purchase may save buyers thousands of dollars down the road.

About the Author: Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites, including http://www.lemonlawhelp.net/, a site devoted to automobile lemon laws and http://www.end-your-debt.com/, a Website devoted to information about debt consolidation and credit counseling.