Posts Tagged ‘lawyer help’

Paralegal Services For Consumers

Monday, May 10th, 2010

Paralegal services are a form of legal help, where an assistant researches federal and local laws, as well as new laws and tax laws pertaining to your case. It’s the lawyer’s job to construct an argument and represent you in the court of law, but it’s the paralegal’s job to do the behind-the-scenes work and provide attorney advice. If you feel your automobile or your consumer product is a “lemon” or a dud, then you will likely deal with a paralegal most of the time.

Sometimes consumers can avoid the services of a paralegal by hitting up the Better Business Bureau to learn about state laws concerning defective motor vehicles. The BBB Auto Line program has helped more than two million consumers since 1978. First, you can click lemon law on your state page to learn more about qualifying for a refund or trade-in. Then, you can simply file an informal complaint at www.bbb.org/us/auto-line/state-lemon-laws. Once your complaint has been filed, a Better Business Bureau representative will contact you by phone regarding your case. Often times, a reasonable agreement can be reached with the manufacturer or dealer. If not, your proceedings may take you to an informal arbitration, where both sides will then present their views.

Other times, consumers prefer paralegal services because they like the face-to-face contact and the feeling that their matter is of utmost importance. A legal assistant will help you file a formal complaint to take you directly to arbitration. Often going with lawyer help can expedite the process and put a little fire beneath the manufacturer or dealer because, let’s face it, no one likes to be sued! Paralegals are experts on the car lemon law and have many years of experience dealing with such cases. Probably by the time you reach this point, you’ve already been to the mechanic way too many times and you don’t want some false promises about how the dealer “will fix the situation” because you’ve already been down that road. What you need is a functional vehicle right away.

Paralegal services are optional, but it depends upon your personal preferences. If you have the time to research local laws yourself and the patience to wait through the Better Business Bureau investigation, then you can probably file a complaint on your own. If you’d rather get business taken care of professionally and don’t mind paying a small legal fee from your settlement, then you may want to get attorney advice.

As a leading expert in the field of anxiety or panic attacks, Beth Kaminski is always on the lookout for ways to treat panic attacks. Visit her site for more information on how to deal with panic attacks and much more.

State Lemon Laws

Friday, April 30th, 2010

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.

The Florida lemon law covers cars and trucks sold in Florida, including demonstrators, recreational vehicles and leased vehicles, but not including motorcycles or the living facilities of the motor homes (flooring, plumbing, fixtures, heating/cooling, generator, electrical systems). Not all state lemon laws clearly define which “defects” or “nonconformities” are covered, but Florida local laws specifically mention “conditions,” such as the vehicle failing to start or overheating as cause for a lemon law case. The lemon law rights period extends for two years, rather than one, in which time a consumer must take the vehicle in for service. The “reasonable” attempts of repairs can be the same nonconformity repaired three times, plus a final attempt after receiving a “demand” letter or a vehicle that has been out of service for 30 days (passenger cars) or 60 days (motor homes) for maintenance.

State lemon laws are a consumer’s best defense, since they interpret the vague federal laws. For instance, what constitutes as a “consumer?” In the Wisconsin lemon law, a “consumer” eligible for protection under the law can be the purchaser of a new motor vehicle, not including those who buy the vehicle to resell; a person who received a new vehicle as a transfer (not as a resale); or a person who leases a motor vehicle. Not every vehicular lemon law covers lease-purchase vehicles, but Wisconsin’s does, at least prior to the purchase date. Like most states, a moped, trailer or truck is not covered under their statutes. Also, the law covers “vehicle nonconformities,” which are defined as something covered by the manufacturer’s express warranty that substantially impairs the “use, value or safety” of the automobile.

Beth Kaminski is a leading expert in the anxiety or panic attacks and has been publishing lots of information on the best panic disorder medications for years now.