Lemon Law Blog by 1-800-MY-LEMON - Pennsylvania & New Jersey Lemon Law Help

Chrysler Seeks To Clarify PA Lemon Law and NJ Lemon Law Claims and Suits

noreply@blogger.com (David Gorberg) — Thu, 02 Jul 2009 13:33:00 +0000

As reported in BankruptcyLaw360, the former Chrysler LLC has asked the bankruptcy court to approve a process to ease the implementation of the lemon law provision in Italian carmaker Fiat SpA's $2 billion agreement to purchase the company.

The sale agreement, consummated June 10, allows for the sale of Chrysler's principal assets to Fiat, creating a new company called Chrysler Group LLC, referred to in the bankruptcy proceeding as “New Chrysler.”

Under the deal, new Chrysler would also assume certain liabilities of the old company, and pay the old company $2 billion in cash.

Before the sale was approved, several state attorneys general and consumer groups pushed for the rights of consumers under state lemon laws be adequately protected under the deal.

To resolve these concerns, New Chrysler agreed to assume many of the lemon law obligations, including Pennsylvania lemon law and New Jersey lemon law claims, and a lemon law provision was inserted into the sale order.

Under that provision, New Chrysler took on many of the lemon law obligations, but did not assume certain forms of relief or liabilities, like punitive, exemplary or consequential damages or claims for personal injury. New Chrysler also did not take on liabilities for vehicles that were manufactured more than five years before the sale's closing.

In addition, the provision did not detail exactly how New Chrysler is to assume the lemon law liabilities, particularly the pending lemon law actions against the debtors. Upon entering bankruptcy protecting, Chrysler was a defendant in some 1,350 lemon law actions in various states.

In the motion filed Tuesday, Chrysler requests that the court approve a clear process to allow pending and future lemon law claims against old Chrysler to be switched to New Chrysler, allowing the remaining debtor and the bankruptcy court to be freed of involvement from the cases.

“The debtors have been contacted by numerous lemon law claimants, including the lemon law firm David J. Gorberg & Associates, seeking to determine how to assert the assumed lemon law liabilities. The debtors have also received inquiries from various states seeking clarification regarding the best means to proceed in administering lemon law actions,” the motion said.

“Without a clear process to address these issues, the debtors anticipate that certain lemon law claimants may seek to proceed with their claims and lawsuits in a manner that violates the automatic stay or violates the limitations of the lemon law provision. Likewise the debtors expect that the may be faced with numerous motions to modify the automatic stay to permit the pursuit of the assumed lemon law liabilities,” the motion said.

Old Chrysler is asking the bankruptcy court to allow a plaintiff to switch its lemon law case to New Chrysler in one of three ways.

The first method would involve filing the appropriate papers in the lemon law case to indicate that New Chrysler is being substituted for a defendant, and stating that only the assumed liabilities are being pursued against New Chrysler.

The second method involves dismissing the lemon law action and filing a new action solely against New Chrysler.

The third allows for any similar arrangement deemed acceptable by both the debtors and New Chrysler, as long as no claims are pursued against the debtors and no excluded liabilities are pursued against New Chrysler.

Any lemon law plaintiff who follows those procedures will not be deemed in violation of the automatic stay, the debtors proposed.

Responses to the request are due July 10; a hearing will be held July 16.

*The above information was reported in BankruptcyLaw360.

Cars - Which Auto Companies Own What

noreply@blogger.com (David Gorberg) — Thu, 02 Jul 2009 02:17:00 +0000

The car industry is very convoluted these days, with continued change around the world. The poor economy has resulted in widespread cost reductions and new partnerships in auto ownerships.

To help clarify the confusion, here is a list of which auto companies owns which brands. Despite the changes, the one consistent factor is that all consumers are still fully protected from defective autos through the state lemon law.

BMW owns: BMW, Mini, and Rolls Royce

Fiat owns: Alfa Romeo, Ferrari, Fiat, Lancia, Maserati; Chrysler, Dodge, Jeep–20-percent stake

Ford Motor Company owns: Ford, Lincoln, Mercury, Volvo (for now), and still owns 13.4 percent of Mazda

General Motors owns: Buick, Cadillac, Chevrolet, GMC. Also owns a controlling interest in Daewoo, as well as Opel and Vauxhall in Europe and Holden in Australia. (Pontiac to be discontinued)

Honda owns: Honda, Acura

Hyundai owns: Hyundai, Kia

Tata Motors (India) owns: Jaguar and Land Rover

Mazda (partially owned by Ford)

Mitsubishi

Daimler AG owns: Mercedes-Benz and Smart

Nissan owns: Nissan and Infiniti (Nissan is owned by Renault--France)

Porsche owns: Porsche and a majority share in Volkswagen

Subaru (A controlling interest of Subaru is owned by Toyota)

Suzuki

Toyota Motor Company owns: Lexus, Toyota, Scion, Daihatsu and Hino Motors, with a stake in Fuji Industries (Subaru’s parent company) and Isuzu

Volkswagen owns: Audi, Volkswagen, Bentley, Bugatti, Lamborghini, and overseas SEAT and Skoda.

In formal negotiations to be sold:
Hummer: Tengzhong (China)
Saturn: Penske Automotive Group
Saab: Koenigsegg (Sweden)

New Jersey Lemon Law - More Rights for Consumers

noreply@blogger.com (David Gorberg) — Sat, 27 Jun 2009 18:28:00 +0000

The New Jersey Assembly has given final approval to strengthen the
New Jersey lemon law. It's now up to Governor Jon Corzine whether to sign the approved bill, giving greater rights to the original lemon law which was enacted 17 years ago.

Under the new act, New Jersey residents who purchased or leased a new vehicle with a defect that could not be repaired in three attempts would have lemon law protection for the first 24,000 miles, up from the current 18,000. Defects that endanger health and safety would have to be corrected in one attempt.

David J. Gorberg, the lemon law lawyer, says strengthening New Jersey's lemon law will give consumers peace of mind and may also help the auto industry.

David Gorberg Named a Pennsylvania Super Lawyer for A 6th Year In A Row!

noreply@blogger.com (David Gorberg) — Sat, 06 Jun 2009 14:41:00 +0000

Congratulations to PA lemon law lawyer, David Gorberg, for being named a 2009 Pennsylvania Super Lawyer for a 6th year in a row! The Super Lawyer List was published in the June 2009 edition of Philadelphia Magazine and Law and Politics Magazine.

In November of 2008, Law & Politics Magazine mailed more then 34,000 ballots to attorneys across Pennsylvania requesting each lawyer to vote for the most effective attorneys they had personally observed in action. Each nominated lawyer was given a score based on the number of votes. The top point getters were then reviewed by a panel of experts to determine the final outcome for the Super Lawyer award. The final list of Pennsylvania Super Lawyers is made up of less then five percent of all Pennsylvania lawyers.

Chrysler agrees to lemon law changes to bankruptcy plan

noreply@blogger.com (David Gorberg) — Wed, 27 May 2009 17:10:00 +0000

As reported in the Detroit News, Chrysler LLC said today it would honor lemon law claims from existing owners.

Under state and federal laws, owners of defective new vehicles can demand repairs or replacement vehicles if a new vehicle can't be fixed. Chrysler will agree to "recognize, honor and pay liabilities under lemon law for additional repairs, refund or replacement of a defective vehicle," the company said in a legal filing today. Chrysler had already agreed to honor existing warranties.

CHRYSLER SEEKS TO LEAVE LEMON LAW CONSUMERS HIGH AND DRY

noreply@blogger.com (David Gorberg) — Thu, 21 May 2009 18:33:00 +0000

In the wake of Chrysler’s bankruptcy, many individuals have been effected. Most thoughts go first to the automakers themselves, then the suppliers, on down to the individual car dealerships and their employees. There is one group that remains forgotten - and now it seems Chrysler is seeking to keep it that way.

Those persons who have brought Lemon Law and Breach of Warranty suits for their defective vehicles are in a state of limbo. All cases that are currently filed in state and federal courts are stayed. Anyone who had settled a lawsuit but had not yet been paid at the time Chrysler filed for bankruptcy has yet to see their recovery. This means that in addition to countless persons being owed money by Chrysler for unpaid claims, there are others whose vehicles were to be bought back by the manufacturer or replaced, and are now stuck with defective vehicles, or in the worst cases left without vehicles that the manufacturer had taken possession of and without the money to replace them.

Normally when a company emerges from bankruptcy those cases that were stayed may be re-listed by courts; the settled matters, if part of a bankruptcy sale, will be paid, giving consumers a light at the end of the tunnel. Chrysler, in its agreement of sale to Italian automaker Fiat, appears to oblige the purchaser to honor warranties and warranty based claims, their conduct however, appears a complete contradiction.

Having advocated for consumer rights for years, this is a troubling sign of things to come. Should Chrysler have all claims filed prior to the bankruptcy discharged, those consumers who purchased these defective products will be without any recourse. If General Motors files for bankruptcy June 1, we could see the same issues emerge. I urge all consumers to contact their state representatives and tell them to fight for their rights.

This is what we love to see...Another happy lemon law client!

noreply@blogger.com (David Gorberg) — Fri, 08 May 2009 15:52:00 +0000

Dear David Gorberg and Staff,

You recently helped me with a lemon law claim, I called about with my 2005 Mazda 6. I honestly wasn't expecting any kind of money, I was just looking to not be stuck with a "lemon" and getting stuck with payments. But everyone in your office was so courteous and friendly, it was just a pleasure to talk to Nicole and all the girls who helped me. It a good feeling to know that nice friendly people like all of you are still out there. Please please enjoy this card, hope it makes everyone smile. Thank you all very much.

Melissa D.
Philadelphia, Pennsylvania

Click Here to see the Melissa's lemon law thank you note to our firm.

Spring Rain Causes Lemon Law Pain

noreply@blogger.com (David Gorberg) — Thu, 07 May 2009 19:44:00 +0000

With the heavy rain we experienced today, our lemon law firm was inundated, or better yet, flooded with cases, 20 and counting, from Pennsylvania and New Jersey consumers requesting free lemon law help for car water leaks. So we decided to address this possible lemon law condition.

For most people, heavy rain results in congested rush hour roadways and perhaps increased travel time. However, for some unlucky car owners, driving in heavy rain means having to deal with annoying water leaks. Rainwater dripping steadily down from the bottom of the dash and causing water damage to the carpet and underlying pad. The water leak is not only aggravating, but if allowed to persist, can turn into a hazardous mold condition.

At 1-800-MY-LEMON we have discovered that water leaks are usually caused by 2 problems..defective seals and/or defective drains.

1. Seals – Window seals and weatherstripping are designed to keep interior air in and the outside air out. A hissing or whistle condition is a sign that the seal or weatherstripping is damaged. Inspect the windows for missing or damaged seals. Specifically, lumps or other imperfections may be preventing a seal and letting water in. There are 2 ways to check if the seal is working properly:

a. Chalk – Rub chalk on the surface of the weather strip. When you close the door, chalk will transfer from the strip to the door on areas that are sealed properly.

b. Dollar – Place a dollar bill in between the door and the car. Shut the door and then try and pull the dollar out. If your car is properly sealed, you will not be able to pull the dollar out.

2. Drains – Cars are made to channel water to places that are designed as drains. You may not realize it, but water flows all over the inside of a car body. Water can run inside the C pillars, the inside of doors, and through the cowl vents. Therefore it is important that you inspect your car for debris that can block the drains. This is especially true in cowling shields.

Needless to say, it is very important to service your car for any leaks at the dealer. By following the above you may be able to isolate the auto water leak and inform the dealer as to the location. Should the dealer fail to repair the leak, you should contact a lemon law firm, such as 1-800-MY-LEMON (1-800-695-3666) to obtain a refund or new car under the Pennsylvania Lemon Law or New Jersey Lemon Law.
posted by David Gorberg

MyLemon hangs out with BenFM at Suburban Square, Ardmore

noreply@blogger.com (David Gorberg) — Wed, 06 May 2009 20:15:00 +0000

To our surprise BenFM showed up at the court yard of Suburban Square. Being big fans of the radio station, our lemon law crew rushed out to greet and welcome them to our lemon law headquarters.

Congrats to Kristy, Nicole, Jackie and Anne for winning gifts and appearing on BenFM's website video.

Click here to see the Lemon Law gang on the BenFM video.

Bankruptcy for Chrysler Probably Averted as Banks Agree To Reduce Debt

noreply@blogger.com (David Gorberg) — Tue, 28 Apr 2009 17:33:00 +0000

Chrysler LLC and the U.S. Treasury Dept. have formed a tentative agreement with banks and private equity firms holding $6.9 billion of the automaker’s debt. The entities have agreed to accept $2 billion and a small equity interest in the new company, paving the way for Chrysler to avoid bankruptcy and merge with the Italian automaker Fiat.

The agreement to reduce debt was confirmed by a Treasury official who said: “The agreement from Chrysler’s principal banks is an exceptional accomplishment in line with the President’s firm commitment that all stakeholders sacrifice to make this deal succeed.”

A deal with Fiat is now expected to proceed forward, with the Italian automaker owning 35% of Chrysler, while the United Auto Workers will own up to 55%, and the Federal government up to 10%.

The Chrysler deal with bond holders is significant, not only for Chrysler, but also for GM, since it could be a model for a deal at GM, whose restructuring to avoid bankruptcy is also dependent on debt holders taking an enormous “cram-down” on what they are owed.

1-800-MY-LEMON Jingle ringtone on Crackberry.com

noreply@blogger.com (David Gorberg) — Thu, 23 Apr 2009 17:06:00 +0000

We are proud to announce that our famous lemon law jingle is now available as a ringtone download on Crackberry.com. Crackberry.com is the #1 shop for blackberry users. Click here to download our lemon law ringtone.

GM on a course to bankruptcy? How to Protect Lemon Law Claims.

noreply@blogger.com (David Gorberg) — Wed, 01 Apr 2009 12:47:00 +0000

Is GM heading for bankruptcy? According to the New York Times, a plan being worked out by the administration, G.M. would file for prearranged bankruptcy. It would then use a sale authorized under Section 363 of the bankruptcy code to quickly sell off the desirable assets to a new company financed by the government. These good pieces might include Cadillac and Chevrolet, as well as assets the company needs to run the business.

Less desirable assets, brands like Hummer and underperforming factories, would be left in the old company. Proceeds from the sales, including stock in the new company, would be given to the old G.M., helping to settle claims.

1-800-MY-LEMON, PA and NJ's Lemon Law Lawyers, urge the government to include all lemon law buybacks (both pre and post bankruptcy) as well as compensation to consumers for breach of warranty claims for all brands of gm cars, to be included with the new company. Failure to do so, may result in lengthy delays of payment, and or, a reduction of payments to consumers.

Obama Administration’s New Warrantee Commitment Program

noreply@blogger.com (David Gorberg) — Mon, 30 Mar 2009 13:50:00 +0000

Today, the Treasury Department announced an innovative new program to give consumers who are considering new car purchases the confidence that even in this difficult economic period, their warrantees will be honored. This program is part of the Administration’s broader program to stabilize the auto industry and stand behind a restructuring effort that will result in stronger, more competitive and viable American car companies.

The Administration has committed to working with both GM and Chrysler during a finite period to develop improved restructuring plans. The goal in both cases is to help these companies emerge with a fresh start toward becoming competitive businesses without taxpayer assistance. During this period of restructuring, the Administration is committed to standing behind the process. The Administration is confident that GM will emerge as stronger company and is hopeful that Chrysler can reach an agreement with Fiat that leads to a viable future. However, no matter what the outcome, consumers should have confidence that if they buy new cars from either company their warrantees will be honored.

The warranty program will cover all warranties on new vehicles purchased from participating auto manufacturers during the period in which those manufacturers are restructuring. Both General Motors and Chrysler have agreed to participate in the program. Specifically, the program will:

• Create a separate account that will be funded with cash contributed by the manufacturer and a loan from the US Government to pay for repairs covered by the manufacturer’s warranty on each new vehicle sold by a participating domestic auto manufacturer during its restructuring period. The cash contribution will be 125% of the costs projected by the manufacturer to satisfy anticipated claims under the warranty issued on that vehicle; and

• In the event of a failure of a participating auto manufacturer, appoint a program administrator who, together with the US Government, will identify an auto service provider to supply warranty services.

The program will help provide much needed certainty to consumers, and a boost to the auto industry, during the restructuring period. While the Administration recognizes that general economic uncertainty may continue to impact new vehicle sales, and that the ultimate solution for a healthy auto industry is a broad restructuring of the industry and a general economic recovery, the program will support and encourage the continued viability and restructuring of the auto industry by mitigating consumer uncertainty that is depressing demand for new vehicles.

What does the program mean for consumers?

• If you buy a new GM or Chrysler car during this restructuring period you will be eligible.

• You do not have to do anything to receive the U.S. commitment to your warrantee. It is automatic.

• The U.S. Treasury will work with the auto companies to back-stop your warrantee, and will commit to honoring that warrantee in the event that the manufacturer cannot.

Program Operation:
As part of their normal business operations, auto manufacturers establish an accounting reserve for each new vehicle sold, which reflects the expected cost of providing warranty services on that vehicle. Under the Warranty Commitment Program, the participating auto manufacturer will contribute cash to a separate special purpose company whose sole purpose is to pay covered warranty claims. The total amount of cash to be contributed will equal to 125% of the expected cost of paying for warranty service on each covered vehicle. The manufacturer will contribute 15% of the projected cost from its own funds, and Treasury will provide additional funds to cover 110% of the projected cost. The company holding the funds will be run separately from the auto manufacturer and will be able to continue paying warranty claims even if the auto manufacturer goes into bankruptcy or goes out of business. In that case, the special purpose company will use the funds in that account to facilitate the transfer of warranty obligations from the issuing manufacturer to a new warranty services provider.

The program will be run by a third party program administrator with the backing of financial resources allocated from the Treasury Department’s Troubled Asset Relief Program (TARP).

Eligible Auto Manufacturers:
Any domestic auto manufacturer is eligible to participate in the program. If a manufacturer decides to participate, it will work with the third party administrator to establish a warranty support program. Participating auto manufacturers will contribute 15% of the cash reserve for each new warranty they issue. The US Government will provide the remainder of the funding for the cash reserve on each new warranty issued by the participating auto manufacturer during the period in which it is enrolled in the program.

If the auto manufacturer goes out of business, the program administrator and the US Government will conduct a process to identify a qualified third party warranty service provider to assume responsibility for all of the manufacturer’s warranties covered by the program, in exchange for the assets of the program. Because of the significant funding of the reserve account, Treasury is confident that qualified third parties will be interested in taking over the warrantee obligations.

Eligible Warranties:
The program will cover the participating manufacturer’s warranty on every new car sold during its restructuring period

American Holding On To Their Cars

noreply@blogger.com (David Gorberg) — Wed, 25 Mar 2009 12:00:00 +0000

Americans are holding onto their cars for longer periods. According to a recent report by the research firm R. L. Polk & Company, the median age of cars in operation hit a record 9.4 years in 2008, up from 9.2 in 2006 and 2007, while the percentage of cars taken out of circulation fell to 5.1 percent, from 5.5 percent in 2007.

“People are hunkering down,” said Dave Goebel, a consultant with R. L. Polk. “There is great uncertainty about what the future holds, so people are going to avoid anything out of pocket.”

A separate survey of 713 vehicle owners by R. L. Polk found that 64 percent of them were “very likely” or “extremely likely” to keep their vehicles longer and 81 percent said they were going to take better care of their vehicles so they would last longer.

The overall results of Americans holding onto their cars, may result in a future drop in lemon law claim, since less new cars are being sold. Presently, 1-800-MY-LEMON has actually experienced a rise in overall lemon law and breach of warranty claims this year and has seen a significant increase in new clients, seeking lemon law help, over the last several months.

Repossessed Car? Learn Your Rights

noreply@blogger.com (David Gorberg) — Wed, 18 Mar 2009 18:07:00 +0000

Each year 1-800-MY-LEMON receives calls from new clients
requesting lemon law help for their repossessed car. The rate of repossessions are increasing at an alarming rate, especially in light of the poor economy. If your car has been repossessed, you have rights which could help you avoid or limit the cost of the repossession.

We are happy to post the following repossession information courtesy of our good friend, and fellow Pennsylvania consumer law attorney, William Bensley.

Repossessions happen to good, responsible people every day. They get far less media attention than home foreclosures, but they are just as disruptive. Moreover, the same abusive practices that have plagued mortgage lending have plagued car sales and lending, and now plague repossessions.

The good news is that repossessions are highly regulated, primarily under state law. Everyone should note that the law may very slightly from state to state. This article pertains strictly to Pennsylvania law.

In Pennsylvania, if the bank (creditor), debt collector or repossessor breaks the rules, then the repossession victim may be able to get her car back, get out from under the alleged debt, or even get the bank, debt collector or repossessor to pay her.

It is highly advisable that any repossession victim contact a qualified attorney immediately to evaluate her possible claims. Most attorneys will provide free evaluations. Most evaluations can be completed over the telephone in under 30 minutes.

Let’s start at the beginning. Most vehicles are purchased on credit. Until the buyer makes her last payment, the seller/creditor retains the right to “repossess” (take the car back), if the buyer “defaults” (breaches the agreement). The buyer’s and creditor’s rights are spelled out in the finance purchase contract (the big 8.5” x 14” or 8.5” x 17” contract) and state law.

A default can occur in a number of circumstances. The most common is where the consumer does not make payments as agreed. A default can also occur, if the consumer allows insurance on the car to lapse or subjects the car to seizure by using it for illegal purposes.

The first thing that a consumer must understand is that the creditor may not have the right to repossess the vehicle. Under state and federal law, the finance contract holder is responsible for the seller’s wrongdoing. This is true, even where the seller/creditor sells the finance purchase agreement. In short, if the dealer arranged the financing, then the bank is liable for the dealer’s wrongdoing.

If dealer tricked the consumer into buying the vehicle, if the vehicle is defective, if the seller misrepresented any significant fact, if the seller did not fully or accurately disclose the vehicle’s prior use, then the contract may be unenforceable. Not only may the creditor not repossess the vehicle, but may be responsible for paying the consumer for any harm caused by the seller’s wrongdoing.

The second thing that a consumer must understand is that if the creditor agreed to accept late payments or to change the payment due date, then the terms of the original contract may no longer apply. Changes may be made orally, in writing, or simply by accepting a late payment. The creditor can’t agree to accept a payment and not to repossess and then go ahead and repossess. These determinations are extremely fact specific and will depend on exactly what was said by the bank and the consumer.

There are three types of repossessions: (1) Voluntary; (2) Self-Help; (3) Court Ordered.

Voluntary repossessions are self-explanatory. The consumer gives the car back by either bringing the car back to the dealer or handing the keys to the repossessor. It’s important to know that a voluntary repossession is just as damaging to your credit rating as any other type of repossession.

Self-Help repossessions are a little different. This is where the repossessor takes the car, often in the dead of night. They may not “breach the peace.” They may not enter a home, building or enclosed property without prior consent. They may enter non-enclosed private property, but if asked to leave, then they must go. They cannot argue, insult, or use force or threats of force. They cannot threaten to call the police. If a consumer objects, they cannot continue to take the car -- even if it is parked on the street. They cannot bring the police as an implied use of force.

If the repossessor breaches the peace, then the repossessor loses its right to take the car. The repossessor may have to pay the consumer statutorily required compensation. If the repossessor still takes the vehicle, then it is an unlawful repossession and a form of theft entitling the consumer to additional compensation.

Court Ordered repossessions are where the repossessor goes to court and gets an Order requiring the consumer to give the car back. With a court order, the repossessor can enter private property, even if the property owner objects, and take the car. If a repossessor has to get a court order, it may charge the consumer for the time and effort.

Consumers often have questions about notice. Prior notice is not required to repossess a car in Pennsylvania. Twenty-one day prior written notice is required to repossess a mobile home.

A repossessor must provide immediate notice to the consumer after the repossession. The notice must be delivered in person or by registered mail.

The notice must be sent no less than 15 days before the car is sold. The notice must provide the following information:
(1) identify the consumer (debtor), the car, and the location of the car.
(2) provide the time, place and manner that the car will be sold.
(3) provide an itemized statement of amounts owed, including any repossession charges.
(4) provide a list and the location of any personal property contained in the car --which must be kept for 30 days.
(5) explain how to redeem the contract -- pay the full outstanding debt to get the car back.
(6) explain whether the opportunity to reinstate the contract is being offered -- pay the overdue amounts to get the car back.

Creditors must give notice of the repossession to the local or state police within 24 hours
Creditors usually will resell the car. The sale price will be applied to reduce the amount of money still claimed owed. The consumer will be responsible for balance plus reasonable repossession and reselling charges.

The sale may be public or private, but must be conducted in a commercially reasonable manner. If public, the consumer can and should attend and take photos of the car. If the car was not prepared for sale appropriately, then the sale may not have been commercially reasonable. If the sale is not done in a commercially reasonable manner, then the creditor may not be entitled to any further payment.

It bears repeating that any repossession victim should seek competent legal counsel. Violations are common. Banks, dealers, debt collectors and repossessors will only follow the law, if they are forced.

The 2009 Top 10 Most Fuel Efficient Cars

noreply@blogger.com (David Gorberg) — Thu, 12 Mar 2009 15:12:00 +0000

At 1-800-MY-LEMON, Pennsylvania and New Jersey’s Lemon Law Attorneys, we are constantly asked for advice regarding the best cars to purchase. In order to assist both our NJ and PA Lemon Law clients, as well as many of our lemon law blog readers, we are providing The Enviromental Protection Agency’s 2009 EPA Fuel Economy Guide. Leading the list is the Toyota Prius, with a combined 48 city and highway performance. Below is the list of the The 2009 Top 10 Most Fuel Efficient Cars

By City:

1.) Toyota Prius: 48
2.) Honda Civic Hybrid: 40
3.) Nissan Altima Hybrid: 35
4.) Ford Escape/Mariner Hybrid 2WD: 34
5.) Smart Fortwo: 33
Toyota Camry Hybrid: 33
7.) Volkswagen Jetta/SportWagen Diesel: 30
8.) Toyota Yaris: 29
9.) Mini Cooper: 28
Honda FIt: 28

By Highway

1.) Toyota Prius: 45
Honda Civic Hybrid: 45
3.) Volkswagen Jetta/SportWagen Diesel: 41
Smart Fortwo: 41
5.) Chevy Cobalt/Pontiac G5 XFE: 37
Mini Cooper: 37
7.) Toyota Yaris: 36
Honda Civic/Civic CNG: 36
9.) Chevy Cobalt/Pontiac G5: 35
Toyota Corolla/Honda Fit: 35
Ford Focus: 35

The Most Fuel Efficient Cars By Category
This list covers the most fuel efficient cars by EPA category.

Two-Seater Cars
Smart ForTwo: 33/41

Minicompact Cars
Mini Cooper: 28/37

Compact Cars
Honda Civic Hybrid: 40/45

Midsize Cars
Toyota Prius Hybrid: 48/45

Small Station Wagons
Volkswagen Jetta SportWagen Diesel: 30/41

Midsize Station Wagons
Kia Rondo: 20/27

Small Pickup Trucks
Ford Ranger 2WD: 21/26

Standard Pickup Trucks
Chevrolet C15 Silverado/GMC Sierra Hybrid: 21/22

Cargo Vans
Chevrolet/GMC G1500: 15/20

Minivans
Mazda Mazda5: 22/28

Sport Utility Vehicles
Ford Escape/Mercury Mariner/Mazda Tribute Hybrid 2WD: 34/31

[Source: FuelEconomy.gov]

Oklahoma seeks to waive usage fees for lemon car replacements

noreply@blogger.com (David Gorberg) — Wed, 25 Feb 2009 16:41:00 +0000

For consumers of new defective cars in Oklahoma there is very good news in this difficult economy. The Oklahoma House has passed a bill to strengthen it’s state lemon law.

Specifically Oklahoma has decided to reduce the amount a consumer has to pay in usage fee when a car is repurchased by the manufacturer. And in cases where a consumer is provided a new car for his/her lemon, the state prohibits a manufacturer from charging a mileage fee. Thus the consumer pays nothing to the manufacturer for replacing the lemon car.

1-800-MY-LEMON applauds this change and believes that this waiver of the usage fee for replaced cars is badly needed in other states, such as Pennsylvania and New Jersey.

Each year our lemon law firm represents thousands of Pennsylvania, New Jersey, New York and Delaware consumers for their lemon law claims. Many of our cases settle for a replacement cars requiring our clients to spend out of pocket money in the form of paying a usage fee. In a good economy our clients are able to comply with the usage fee requirement. However in trying times, such as today’s recession, the usage fee requirement adds an unreasonable burden on consumers seeking a lemon law replacement car, especially the ones who have lost their jobs or have had their salary reduced.

1-800-MY-LEMON recommends the change to the usage fee for The Pennsylvania Lemon Law and New Jersey Lemon Law, since it would put more money back into the pockets of the consumers.

1-800-MY-LEMON heard again on WMMR's Preston and Steve Show

noreply@blogger.com (David Gorberg) — Tue, 24 Feb 2009 16:33:00 +0000

CLICK HERE to listen to WMMR's Preston and Steve talking about our lemon law firm and our famous 1-800-MY-LEMON jingle.

Preston and Steve WMMR morning show is the number one rated show in Philadelphia with average listenership of 350,000 per week.

Preston and Steve Sang our Lemon Law Jingle on WMMR!

noreply@blogger.com (David Gorberg) — Mon, 23 Feb 2009 02:03:00 +0000

Many thanks to everyone at WMMR's Preston and Steve show for singing our famous lemon law jingle last Thursday. The staff and attorneys at 1-800-MY-LEMON, listen to the show daily and we were so excited to hear our famous jingle on the show.

Lemon Law Attorneys Named 2008 Pennsylvania Rising Stars

noreply@blogger.com (David Gorberg) — Mon, 15 Dec 2008 18:08:00 +0000

Congratulations to lemon law attorneys Ms. Tammy Schmitt, and Ms. Laura Applegate for being named "2008 Pennsylvania Rising Stars" as seen in Philadelphia Magazine, and Law and Politics Magazine.

Law & Politics magazine performs the polling, research and selection of Rising Stars in a process designed to identify outstanding Pennsylvania lawyers who have demonstrated superior professional potential. Pennsylvania Super Lawyers, chosen by their peers as being among the top five percent of state-wide attorneys, nominate the best up-and-coming attorneys who are age 40 and under, or who have been practicing 10 years or less. Attorneys Schmitt and Applegate were honored in the December 2008 issue of Pennsylvania Super Lawyers - Rising Stars Edition, as well as the December 2008 edition of Philadelphia Magazine.

The Pennsylvania Lemon Law Explained

noreply@blogger.com (David Gorberg) — Thu, 11 Dec 2008 15:03:00 +0000

Earlier this fall we put together a simple one page PDF covering the very basics of the Pennsylvania state lemon law entitled The PA Lemon Law Explained. The document consists of just a few checklist items to help determine whether or not your car may be classified as a lemon and also includes answers to some commonly asked questions about the lemon law in Pennsylvania. Feel free to download, print it and use it as a guide.

If you have more specific questions of concerns, call us at 1-800-MYLEMON or read our other Pennsylvania lemon law information.

Relocation of Our Corporate Office

noreply@blogger.com (David Gorberg) — Tue, 04 Nov 2008 17:15:00 +0000

1-800-MY-LEMON, Pennsylvania and New Jersey’s Lemon Law Attorneys, announces that it will relocate it’s corporate headquarters from Philadelphia to the Times Building located at Suburban Square, Ardmore, Pennsylvania.

"We are making this move to take advantage of an area that combines a strong talent pool and resources, with a cost-effective environment for our law firm” said David J. Gorberg, Esquire

The lemon law firm anticipates relocation of it’s headquarters to be complete by January 1, 2009.

5 Super Simple Tips to Get a Great Deal on a New Car

noreply@blogger.com (David Gorberg) — Mon, 03 Nov 2008 12:56:00 +0000

Set a Budget and Stick to It – Start your car hunt by deciding on a maximum amount or monthly and down payment that you’d be willing to pay. With a max price in mind you can begin narrowing down the type of car that you’re looking for and you can use this number to your advantage as you negotiate prices later.

Research Cars and Prices Online – There are a bunch of websites that provide an incredible amount of free, no pressure information on cars. Automotive.com, for example, has reviews, prices, photos and more on both new cars and used cars, depending on which you’re in the market for. Take the time to do your research online before you go to any dealership and you’ll be rewarded when you finally come face to face with a salesperson. Once you’ve narrowed your list of cars down to just a handful then print out the quote that you received and the vehicle’s invoice price and bring these with you to the dealership.

Wait Until the End of the Month to Visit the Dealer – Car salesmen and dealerships have quotas to meet at the end of the month so, after researching prices online, wait until the last week of the month to go visit the dealer. Shopping at the end of the month alone could save you a few thousand on a car.

Avoid Trading In Your Car – Without fail dealerships will try to low ball you on any trade-in value. On top of that, trading in your car at the dealership adds another layer of complexity to getting a new car. While it may be more convenient to trade-in, almost always you’ll make a few thousand extra dollars by selling your used car independently. To get a better idea on your current car’s value be sure to consult the Kelley Blue Book.

Negotiate Like a Pro – For most, negotiation is not fun and especially not when you’re dealing with a car salesman. However, it’s not hard to walk in with a few tricks up your sleeve:
- Don’t mention money until the salesperson tells you how much the car would cost. Once they say a price, then you know your negotiation starting point.
- Once the initial price is stated, begin working the price downward toward the invoice price from online. Often you’ll be able to bring the price down to that price over even a bit lower.
- Be prepared for an onslaught of “I can get the price there if you…” responses. Hold steady on the price, if you feel uncomfortable just say “my spouse won’t let me spend more than…” and stand firm on that number.
- Turn and walk out if the salesperson can’t get you the price that you want. Odds are the salesperson will chase you down just before you get to the door. If not, you can always go back the next day if you really decide the price is worth it.

Halloween Lemon Law Humor

noreply@blogger.com (David Gorberg) — Wed, 29 Oct 2008 20:25:00 +0000

Halloween is right around the corner, so we thought we would share a recent cartoon with our Pennsylvania and New Jersey lemon law clients. Happy Halloween!

Keep Your Car In Shape for 08 - Getting Better Fuel Mileage

noreply@blogger.com (David Gorberg) — Thu, 23 Oct 2008 20:50:00 +0000

Looking to get better gas mileage, here are some helpful hints from our friends at fueleconomy.gov

Keep Your Engine Properly Tuned

Fixing a car that is noticeably out of tune or has failed an emissions test can improve its gas mileage by an average of 4 percent, though results vary based on the kind of repair and how well it is done.

Fixing a serious maintenance problem, such as a faulty oxygen sensor, can improve your mileage by as much as 40 percent.

Fuel Economy Benefit: 4%
Equivalent Gasoline Savings: $0.12/gallon

Check & Replace Air Filters Regularly

Replacing a clogged air filter can improve your car's gas mileage by as much as 10 percent. Your car's air filter keeps impurities from damaging the inside of your engine. Not only will replacing a dirty air filter save gas, it will protect your engine.

Air filter savings based on: Organization for Economic Co-operation and Development (OECD), 1981, Automobile Fuel Consumption in Actual Traffic Conditions. Paris, France.
These tests were performed before the introduction of computer-controlled, fuel-injection engines. Oak Ridge National Laboratory is currently studying the fuel economy effects of clogged air filters on more modern engines.

Fuel Economy Benefit: up to 10%
Equivalent Gasoline Savings: up to $0.29/gallon

Keep Tires Properly Inflated

You can improve your gas mileage by around 3.3 percent by keeping your tires inflated to the proper pressure. Under-inflated tires can lower gas mileage by 0.3 percent for every 1 psi drop in pressure of all four tires. Properly inflated tires are safer and last longer.

Fuel Economy Benefit: up to 3%
Equivalent Gasoline Savings: up to $0.09/gallon

Use the Recommended Grade of Motor Oil

You can improve your gas mileage by 1-2 percent by using the manufacturer's recommended grade of motor oil. For example, using 10W-30 motor oil in an engine designed to use 5W-30 can lower your gas mileage by 1-2 percent. Using 5W-30 in an engine designed for 5W-20 can lower your gas mileage by 1-1.5 percent. Also, look for motor oil that says "Energy Conserving" on the API performance symbol to be sure it contains friction-reducing additives.

Fuel Economy Benefit: 1-2%
Equivalent Gasoline Savings: $0.03-$0.06/gallon

Note: Cost savings are based on an assumed fuel price of $2.91/gallon.