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Lemon Laws are state guidelines that protect buyers of cars and other consumer goods from products that do not meet quality or performance standards, often called a "lemon." If you've recently purchased a defective car, motorcycle, truck, or SUV you may be entitled to compensation.
Consumers covered under Lemon Law are individuals who have:
- Purchased or leased a new vehicle for personal, family or household use and not for the purpose of selling.
- Purchases or leases 10 or more new vehicles a year only if the vehicles are purchased or leased for personal, family or household use.
In reality, sometimes it's not so easy. Auto manufacturers may use some tricks to frustrate you and prevent you from getting that repurchase or replacement. Common manufacturer defenses can generally be lumped into 6 categories.
The Different Categories Of Lemon Law in Highland Park
Owner Abuse/Lack Of Maintenance
Another tactic is the owner abuse theory. The manufacturer will claim that you didn't properly maintain your vehicle, drove your vehicle incorrectly, or added after market items which were the root cause of the defect. This tactic is most common in high performance vehicles or vehicles with after market components or parts such as stereo equipment, (electrical problems), components added to boost power, (transmission and engine defects), or after market tires, (pulling or vibration). However, any engine or transmission defect is a candidate for a lack of maintenance defense. Of course, you should keep your vehicle properly maintained with a documented history of timely oil changes and other maintenance. Also, consult with your dealer to be sure your after market equipment will not void your warranty or cause problems with your vehicle. Hiring a professional who is an authority on such tactics will dramatically increase your odds in a case where owner abuse is alleged.
Time Limitations
Without an attorney who has litigated these time limitation issues, and who is up to speed on the very latest case law and statutory interpretation, the manufacturer will take advantage of you. Manufacturers have endless resources and power. They hire attorneys who are well versed in Lemon Law analysis and will utilize the time limitation language in the law to defeat you. You need to fight all this power and these resources with someone who can stand up to the manufacturer, who knows the law cold and is willing to fight for your rights.
Business Purposes
The Lemon Law says that a consumer is "A person who purchases or leases a new motor vehicle for personal, family, or household use, {(MCL 257.1401(a)(I)}. Manufacturers will sometimes argue that you are not entitled to use the Lemon Law if:
You write off your vehicle for tax purposes or purchase your vehicle in the name of your business. There are several legal strategies to fight these allegations and still allow you to recover. Not every attorney knows how to defeat this argument. You need an experienced attorney who understands how to confront and counter the business purpose defense and get you the remedy you desire.
Foreclosure & Identity Theft Attorney Services in Highland Park
You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once they receive your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action.
A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
Many consumers don't know or understand there are laws to protect them against the harsh debt collectors and creditors. These laws are intended to protect consumers from collection agencies that violate the law and creditors who wrongfully blemish their credit reports.
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