The lemon law can be applied to any defect that impairs the overall use, value or safety of a new vehicle. Safety defects are a much greater concern for motorists, and they are specifically addressed in the law. If the manufacturer cannot repair a safety defect (brakes, steering wheel, etc.) after a couple of repair attempts, then the buyer should be compensated for the lemon. However, it is not only safety-related defects that are addressed in California’s lemon law. Any major defect that decreases the overall value or use of a vehicle must also be repaired by a manufacturer, though the manufacturer is allowed more attempts than they are given after a safety defect. First, you should inform the manufacturer and request a repair as soon as you notice the defect. Keep copies of all correspondence with the manufacturer, bills that you receive due to those repairs, and any other bills or records that you encounter from a defect. Having an attorney can also make a big difference in the amount of payment offered by a manufacturer. While consumers can go it alone, some manufacturers have systems set in place to minimize the compensation they offer customers. An attorney experienced with lemon laws will know the tactics manufacturers use and will make sure that their clients get treated fairly. The lemon law affords consumers the opportunity for recourse after buying a lemon, but that doesn’t mean the process is effortless. Buyers often find that a manufacturer will balk at the request for compensation or that they will offer much less than the consumer is owed. That’s why it is so important for consumers to keep records of all transactions, bills and correspondence that arise after a defect is discovered. Additionally, manufacturers can account for “use reduction” when determining the amount owed to the buyer. “Use reduction” is calculated by determining how much a vehicle was driven before a defect impairs the use of a vehicle.

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John Uebler lawyer 2020-03-11 09:43:03

Visitation refers to the right of a noncustodial parent to spend time with her child. The exact procedures for applying for visitation vary between states, but typically a parent will need to ask the court to grant visitation rights. If parents can reach an agreement regarding visitation on their own, in most cases, the court will have only minimal involvement in the case. In contested visitation matters, the court may hold a trial to determine how visitation rights would affect the child. Try to reach a mutually agreeable visitation arrangement. Before involving the court, if possible, work with the child’s custodian or other parent to establish a visitation schedule. Outline the terms of your agreement in a petition for visitation rights. If you have reached an agreement with the child’s other parent, list the details of your agreement in a petition. If you were not able to reach an agreement, state this in your petition. Each state has its own requirements for formatting petitions for visitation rights. You can locate a template through your court clerk or an online legal document provider. File the petition with the clerk of the court. If you have an existing custody agreement, in most instances, you will need to file your petition for visitation rights under the same docket or case number as the original custody or divorce case. Serve the petition on the other parent. Although each state has different requirements for serving a petition, in many locations, you can serve legal documents using certified mail, a process server or a law enforcement officer. Attend mediation. In some cases, the judge might request that parents attend mediation sessions facilitated by a neutral third-party professional so the judge will not need to adjudicate the case. If the parties cannot agree to a visitation arrangement during mediation, the judge will make a decision based on the evidence presented during the hearing. Attend hearing on the case. At the hearing, the judge will review the petition and determine whether it is in the child’s best interest to have visitation with you. At the hearing, both you and the other parent will generally be allowed to present evidence supporting your cases. For example, you might present medical records, letters of reference or psychological evaluations attesting to your ability to maintain a healthy relationship with your child. Fulfill any special requirements. In some cases, the court may request the petitioning parent complete parenting classes, therapy or other professional services before beginning visitation. In such instances, the parent will typically need to provide the court with written evidence verifying her compliance before the judge will permit the first visit.

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Gella Klausner lawyer 2020-03-09 20:35:34

With one in three marriages ending in divorce, many are choosing to negotiate and sign prenuptial agreements. A prenuptial agreement is akin to a business contract between two parties; matters such as division (should death or divorce occur) of financial and personal assets, custody of children, division of property are all addressed within the document. Those who consider a prenuptial agreement may own a business, have substantial assets including inheritance, have children from previous relationship, and/or may have the potential to see income increase over the duration of the marriage (i.e. a doctor or entrepreneur). A prenuptial agreement, where properly negotiated, can protect: Retirement or education funds that either party may have accumulated before marriage Division of property that either party owns at time of marriage Property interests of any children from previous relationships Obligations of spousal support should marriage dissolve Direction of education and religious instruction of children borne from marriage Finances of each party Against obligation to pay the other party's debts Inheritance Ownership rights in life insurance or disability policies Prenuptial agreements can not be used to:

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Terrance Gwiriri lawyer 2020-03-06 19:48:02

If you are divorcing an unemployed spouse, it makes a difference whether his lack of work is voluntarily or involuntary, and a gender bias often exists when the non-working spouse is the husband. Legally, he is entitled to the same considerations as an unemployed wife. However, because many aspects of divorce come down to the opinion of a single judge, this does not always hold true. Some courts view non-working husbands suspiciously, assuming they could work and earn money if they chose to. Except for unusual circumstances, an equal percentage of non-custodial fathers were probably obligated to pay child support. When a non-custodial parent is unemployed, courts will usually impute income to him based on several factors, including what he could earn if he worked. This is especially true when he’s unemployed by choice rather than by an inability to find employment or a disability that prevents him from performing any sort of job. Even in cases of involuntary unemployment, the laws in most states set a minimum child support amount a parent must pay. For example, in Massachusetts, a non-custodial parent must pay at least $80 a month. Regardless of whether your husband is working or not, it’s unlikely that you would receive absolutely no child support from him if you are the custodial parent. If your husband is not working, he may ask the court for alimony as part of your divorce. If, during your marriage, you agreed that he should stay home and care for the house and the children while you worked, courts will take this into consideration. They will likely factor in whether he will continue to be the children’s custodial parent and if it’s appropriate for him to continue to stay home to care for them, for example, in the case of children who are very young or disabled. At the very least, you might have to pay him support while your divorce is pending and for a short time afterward while he takes steps to reenter the workforce or find a job. If he cannot work because of a disability, you might have to pay permanent alimony. Some states, such as New Jersey, are willing to impute income to an intentionally unemployed spouse in alimony situations. In community property states, both spouses equally own everything purchased or acquired during the marriage. Even if your husband chose not to work and let you earn all the income, he’s usually entitled to half of the marital property you purchased with that income in such states. However, the laws permit judges to stray from an exact 50/50 split in some isolated circumstances. For example, if your husband is unemployed because he is disabled and incapable of working, a court might give him a little more property to compensate for this. If he chooses not to work, the 50/50 law would likely apply. Equitable distribution states view marital property differently. In these states, if one spouse holds title to an asset in her own name, it is her property. However, this doesn’t mean the other spouse isn’t entitled to a share of it. Judges divide both jointly owned property and separately owned property in a way that is “equitable.” Equitable does not mean 50/50; in legal terms, it means “fair.” If your husband is unemployed because he’s incapable of working, he is likely to receive more property just as he would in a community property state. However, absent circumstances such as this, equitable distribution states usually award more marital property to the higher wage-earner. If your husband has been deliberately unemployed for a length of time and you purchased most of the marital property, you can probably expect to receive more than 50 percent of it in a divorce.

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Patrick Kowalskl lawyer 2020-03-06 19:30:21

A property lien is legal notice to the world that you owe someone money and that as a result, you have to pay that person if you want to sell the property. The creditor prepares the lien and records it in the same recorder's office where you recorded your property deed when you bought the house. Anyone going to that office to take a look at your title will discover the lien. A lien holder files the lien to secure his debt. Some lien holders have the right to sell the property to collect what you owe them, but for most liens, it isn't economical if you have a mortgage. Since the mortgage was probably placed on the property before the liens, it will have to be paid off from sale proceeds before any liens are paid. Still, for a creditor, putting a lien on your property secures the debt since you cannot sell or refinance the property without clearing the liens. A property lien almost guarantees that the creditor will, in time, collect the debt from you.

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Terrance Gwiriri lawyer 2020-03-03 20:22:26

Adopting a pet is a forever situation, which is why you should make plans for your pet's care should you pass away or become incapacitated during your pet's lifetime. Part of a pet owner's rights is deciding what will happen to the pet in these scenarios. A pet protection agreement chooses who will care for your adopted fur baby and could also set aside some money for their care. How to Write a Pet Protection Agreement You can write a pet protection agreement yourself or work with a legal expert. Describe your doggo or kitty in detail and name a person to be their guardian if anything happens to you (be sure to ask the guardian first!). Name an alternate guardian as well. You may choose to pay the guardian for taking on the responsibility. You also can select a distribution representative, who will make sure the pet guardian gets any money you set aside for the pet. The agreement also can talk about things like who your vet is, what food to give your pet, the pet's daily schedule and needs, what kind of medical care you hope will be maintained, when euthanasia may be appropriate, and what should happen with your pet's remains. It's also a good idea to name a rescue organization where your pet could go if the guardian or alternate can no longer care for them. Make sure the agreement is in writing. Sign it in front of two witnesses and a notary. Be sure to give copies to your guardian, heirs, and distribution representative. Pet adoption contracts and pet protection agreements are important legal protections for both you and your pet. Making sure you have all the right paperwork in place will mean you can focus on enjoying your time as a pet owner.

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Jonathan Sherman lawyer 2020-03-02 21:21:58

Suppose you become mentally incompetent due to illness or accident while you have a power of attorney in effect. Will the document remain valid? To safeguard against any problems, you can sign a durable power of attorney. This is simply a general, special, or health care POA that has a durability provision to keep the current power of attorney in effect. You might also sign a durable power of attorney to prepare for the possibility that you may become mentally incompetent due to illness or injury. Specify in the power of attorney that it cannot go into effect until a doctor certifies you as mentally incompetent. You may name a specific doctor who you wish to determine your competency, or require that two licensed physicians agree on your mental state. What to look for when choosing your power of attorney? Trust is a key factor when choosing an agent for your power of attorney. Whether the agent selected is a friend, relative, organization, or attorney, you need someone who will look out for your best interests, respect your wishes, and won't abuse the powers granted to him or her. It is important for an agent to keep accurate records of all transactions done on your behalf and to provide you with periodic updates to keep you informed. If you are unable to review updates yourself, direct your agent to give an account to a third party. As for legal liability, an agent is held responsible only for intentional misconduct, not for unknowingly doing something wrong. This protection is included in power of attorney documents to encourage people to accept agent responsibilities. Agents are not customarily compensated; most do it for free.

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Kongove Mathis lawyer 2020-02-21 19:44:51

To put it simply, the minute you write something down, even if you carve it in the side of a tree, it is copyrighted and you own that copyright. The trick comes when you need to prove that you wrote it FIRST and it was your ORIGINAL idea. Read on to discover some amazingly easy ways to do this. Just the act of committing something to paper (or stone, bark, or papyrus) creates an implied copyright. But what happens if you write a great story and pass it around to your friends, who give it to their friends and one day you open a magazine and see your story under someone else's byline? How do you prove you wrote it first? The first thing you want to do is simply write the word 'copyright' and add the symbol (c) and the date and your name at the bottom of every page of the story. Now that you have established you want to copyright the story, you can further prove that it is yours and was written on a certain date by emailing it to yourself and saving it. This creates a time and date stamp that will add credibility to your claim. Go one step further and print it out, mail it to yourself, preferably by registered mail. Keep the envelope in a safe place and do not open it unless you need to prove in court that you actually were the first person to create the story. This method is going to be more readily accepted in court than just a print out with your copyright on it or even an email. If you think your work is going to be vulnerable to theft and you want ultimate protection from copyright thieves, you can register the work with the United States Copyright Office (see resources below. There is a cost to doing this, usually around $35-$45 per manuscript, but if your work is stolen and it is registered you will be able to take enhanced legal action.

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John Uebler lawyer 2020-02-21 19:37:10

It can be confusing to understand the differences between a divorce decree vs. divorce certificate. A divorce decree is the complete court order ending your marriage, with all the details about how property is divided, how you will share time with your children, and what, if any, child support is granted. It also states why the marriage is being dissolved. If there are any problems in the future with your ex not following the court order, you will refer to the decree, since it states what each is required to do. If there is noncompliance, you can go back to court to enforce the terms of the decree. A divorce certificate is not a court document. It is a document issued by your state for record-keeping purposes. It includes the parties' names and says when and where the divorce was granted. It does not include the myriad other personal details included in a divorce decree. This certificate is used in much the same way you would use a birth certificate or marriage certificate, in the event that you need to prove you are divorced from someone. If you seek to change your name—on your driver's license, or with Social Security—after the divorce, you may be asked to show a portion of the divorce decree to confirm you have authorization for the name change. While the divorce certificate is generally accepted as proof that you're divorced, the name change itself is ordered in the divorce decree; the name change may not appear on the certificate. If you need to provide proof that the divorce occurred, for any reason other than a name change, then showing the divorce certificate should be sufficient.

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Yates Hirschi lawyer 2020-02-20 16:06:00

A contract is a legally binding agreement between two parties. Its purpose is to outline the responsibilities and obligations of each party. A contract is utilized in various legal situations including real estate transactions, employment agreements and business deals. Creating a contract requires several necessary elements. Each step involved in creating a contract ensures the rights of all parties are protected. Intent The first step in creating a contract is to have intent. Intent is the desire between two or more parties to enter into an agreement with one another. For example, two friends who intend on going into business with each other sign a partnership agreement to legalize the business relationship. Offer Once two parties set the intention to enter into a contract, one party must make an offer to the other to perform a duty or provide a service. For instance, a buyer makes an offer to a seller to purchase a home. It is important to note that although one party makes an offer, a contract cannot exist until the other party accepts the offer. Timeframe When an offer is made, it does not extend indefinitely. When creating a contract, the offering party must stipulate how long the offer will remain valid and how long the other party has to accept the offer. Obligations To create a contract, the document or agreement must describe the obligations of each party. In other words, the contract must define the duties one party is obligated to perform and how long he has to perform them. Representations Representations must exist in a valid contract. A representation is a statement of truth regarding the subject matter of the contract. For example, an individual selling a vehicle to another party “represents” that he is the rightful owner and has the legal authority to sell the vehicle to the buyer. Consideration Consideration must exist to create a contract. Consideration is what one party receives from the other party once the obligations of the contract are fulfilled. Consideration can be in the form of money, products, services, expertise or anything that is considered of value. Arbitration If disputes arise between the parties, the contract should include how each party will resolve the dispute. Many contracts include an arbitration clause which stipulates that each party must utilize arbitration, instead of litigation, to settle a dispute. Acceptance The final and perhaps most important step in creating a contract is acceptance. A contract is only valid if the accepting party agrees to its provisions. A party can accept a contract verbally or in writing depending on the nature of the contract. If entering into an oral contract, each party must verbally agree to the terms for a legally binding contract to exist. With a written contract, each party must sign a document to ensure acceptance of the terms.

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Gella Klausner lawyer 2020-02-19 09:43:46