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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.
- Entitlement to enforce the requirements of an express warranty pursuant to the terms of that warranty.
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
The time requirements under Michigan Lemon Law are tricky and require expert evaluation. For example, Michigan's Lemon Law tells us that if your vehicle is out of service for a total of 30 or more days or parts of days within one year from the date of delivery, there is a presumption that your vehicle is a Lemon. This definition leads to several difficulties in interpretation. For example, can you include weekends as days out of service, or does this mean just business days? Do holidays count in the 30 day period? What are parts of days?
Failure To Provide Written Notification
This is a technical requirement under Michigan's Lemon Law, but judge's HAVE thrown out Lemon Law cases where this notification was not provided. MCL 257.1403(5)(a)&(b) require written notification from the consumer or his/her representative allowing the manufacturer a final opportunity to cure the defect or condition. How and when this letter is drafted is of critical import to your case. THE ALEXANDER LAW FIRM WILL DRAFT AND MAIL YOUR WRITTEN NOTIFICATION TO THE MANUFACTURER BY CERTIFIED, RETURN RECEIPT MAILING AT NO CHARGE TO YOU. Don't let this minor requirement nullify your chance to recover. Let me handle all the details so that it is done timely and properly. CAUTION! Do not assume that you don't have a case if one of these tactics appears to apply to you. If you feel like you may be subject to one of these manufacturer defenses contact me for a free Lemon Law consultation. It is crucial to let an expert know about your situation immediately. It is imperative to attack these defenses in a timely manner.
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 debt collector must identify himself/herself as a debt collector and must provide you with a statement that he/she is calling to collect a debt Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
Many consumers in Detroit do not understand that there are laws to protect them against 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.