Title: August 2, 2006
Q. My paychecks are being garnished every month for child support I owed. My boss has expressed his frustration overt that, because extra work has to be done by his bookkeeper. He threatened to fire me if I did not deal with this myself. I do not have a choice about these garnishments because the court ordered it to be done this way. But I do not want to get fired over this. I remember when I was called for jury duty, he made the same threat, stating that he could not afford to have any of his employees out for jury duty. What can I do?
A. Your employer cannot punish you because a court has garnished your wages or is threatening you to do so as part of a court order. In other words, if a court takes money out of your paycheck because it ordered you to pay for past debt, unfulfilled child support or alimony, it is illegal for your boss to fire you or to punish you in any way for the garnishment. Such matters are considered separate from workplace disputes. As for jury duty, you cannot be fired for taking time off of work to serve on a jury or appear as a witness in a case, as long as you give your employer reasonable advance notice. There are also a variety of federal law offering similar protections to you in the workplace (Title VII of the U.S. Civil Rights, Act, for instance). More often than not, California statutes prove to have even broader protections than the federal laws. However, any who feels that they were wrongfully terminated, would still be wise to consider statutes under California and federal law.
Q. I bought a brand new car in January 2006. The air conditioner in the car stopped functioning last week in this heat and I am totally miserable. I called the dealer where I bought the car to make an appointment with the service department. I have only driven the car 8,500 miles so far. Their service department is extremely busy and I can’t get an appointment until the end of next week. What should I do?
A. I would attempt to make an appointment with the service department of another dealer that sells the same kind of car, in order to get your car repaired sooner. You can go to any dealer you want, as long as that dealer sells the kind of vehicle you own. You can also rent a car (that has working air conditioning) and present the rent-a-car bill to your dealer who could not service your car in a timely manner. However, make sure to notify that dealer of your intentions. .
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Showing posts with label car dealer. Show all posts
Showing posts with label car dealer. Show all posts
Monday, March 23, 2009
Monday, March 16, 2009
Legal Eaze #42 Wife Testify/ Lemon Car
Title: March 8, 2006
Q. Can my wife testify against me in a criminal case I am involved in?
A. Generally speaking, a marriage person may not be forced to testify against his or her spouse in any proceeding. This privilege will still hold even after the couple gets divorced, though it will only apply to acts and conversations held while they were married. However, there are exceptions, i.e. (1) where one spouse is suing the other (including divorce or child custody hearings); (2) A proceeding where one spouse wishes to have the other committed or take control over property because of the spouse’s alleged mental or physical condition. (3) A criminal proceeding in which one spouse is charged with a crime against another spouse or family member (even if committed before the marriage). (4) Charge of bigamy (5) a civil case brought by one spouse for the immediate benefit of the other spouse and (6) any communications made to enable or aid anyone to plan or commit a crime or fraud.
A I bought a brand new car last September, but I keep having to bring it in for repairs and I am tired of this. In the last seven months, I have had my car to drive for a total of 3.5 months. This is ridiculous. I believe I have a “lemon”. What can I do?
Q. California’s Lemon Law states that if a car manufacturer or an authorized dleaer or representative can’t repair a serious defect of a new vehicle under warranty after a reasonable number of attempts, then the manufacturer must either promptly replace the car or give the buyer back his or her purchase price. Of course, the decision to get a new vehicle or get your money back is up to you. If you choose to get your money back, it will not include the costs of items that were installed by either the dealer or yourself after the car was shipped by the manufacturer. You will be compensated for any incidental costs associated with getting the car fixed, such as towing and car rental fees. You may be charged for your limited use of the car up until the time when you first brought it in to get repaired. Generally, this works out to 1 percent of the vehicle’s purchase price for every 1,200 miles that you drove it.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Q. Can my wife testify against me in a criminal case I am involved in?
A. Generally speaking, a marriage person may not be forced to testify against his or her spouse in any proceeding. This privilege will still hold even after the couple gets divorced, though it will only apply to acts and conversations held while they were married. However, there are exceptions, i.e. (1) where one spouse is suing the other (including divorce or child custody hearings); (2) A proceeding where one spouse wishes to have the other committed or take control over property because of the spouse’s alleged mental or physical condition. (3) A criminal proceeding in which one spouse is charged with a crime against another spouse or family member (even if committed before the marriage). (4) Charge of bigamy (5) a civil case brought by one spouse for the immediate benefit of the other spouse and (6) any communications made to enable or aid anyone to plan or commit a crime or fraud.
A I bought a brand new car last September, but I keep having to bring it in for repairs and I am tired of this. In the last seven months, I have had my car to drive for a total of 3.5 months. This is ridiculous. I believe I have a “lemon”. What can I do?
Q. California’s Lemon Law states that if a car manufacturer or an authorized dleaer or representative can’t repair a serious defect of a new vehicle under warranty after a reasonable number of attempts, then the manufacturer must either promptly replace the car or give the buyer back his or her purchase price. Of course, the decision to get a new vehicle or get your money back is up to you. If you choose to get your money back, it will not include the costs of items that were installed by either the dealer or yourself after the car was shipped by the manufacturer. You will be compensated for any incidental costs associated with getting the car fixed, such as towing and car rental fees. You may be charged for your limited use of the car up until the time when you first brought it in to get repaired. Generally, this works out to 1 percent of the vehicle’s purchase price for every 1,200 miles that you drove it.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Friday, February 27, 2009
Legal Eaze #23 Used Car/Foreign Marriage
Title: June 1, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I purchased a car from the Salvation Army. The salesman said they did not have this year’s tag on it because the car license was due for renewal. He also told me there was something wrong with the brakes, but otherwise the car was fine. Today, I attempted to drive the car off the lot and a big puff of smoke came out the back. I got out of the car and a puddle of oil was behind the car. My brother, who was in the car with me, told me I shouldn’t drive this car because it is unsafe. I told the salesman I wanted my money back, but he refused and told me the Salvation Army was going to have to tow the car to my house. What can I do?
A. I suspect you bought this car “as is”, although you have mentioned nothing about the contents of your sales contract. I do not believe that the Salvation Army is considered to be a “car dealer”. Car dealers are bound by law not to sell cars that are unsafe to drive, which includes brakes that are not in good working order. When you are considering the purchase of a used vehicle with an “as is” sign on it, you should always be extremely careful and have the car checked by a mechanic before you buy it. I gather that you failed to do so. I am sorry that you had to learn such an expensive lesson. Read your sales contract and see if you have an escape clause in it which would allow you to return the car andyou’re your money back.
Q. Last year, I got married on foreign soil while on vacation. I wonder if my marriage is legal here in California and if not, should I re-marry under California law?
A. Failed to tell me in which country you got married and whether or not the marriage is considered valid in that country. Were you or your “husband” ever a citizen of this country? Typically, foreign marriages are valid if you meet the residency requirement of that country, among various other requirements. Each country has different requirements in order for a marriage to be valid. If both of you resided in California before and after the foreign marriage, it might be a good idea to at least have a civil ceremony here in California. If there are any questions in your mind that you are not married, then your “marriage” may not be valid and/or legal in this state.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I purchased a car from the Salvation Army. The salesman said they did not have this year’s tag on it because the car license was due for renewal. He also told me there was something wrong with the brakes, but otherwise the car was fine. Today, I attempted to drive the car off the lot and a big puff of smoke came out the back. I got out of the car and a puddle of oil was behind the car. My brother, who was in the car with me, told me I shouldn’t drive this car because it is unsafe. I told the salesman I wanted my money back, but he refused and told me the Salvation Army was going to have to tow the car to my house. What can I do?
A. I suspect you bought this car “as is”, although you have mentioned nothing about the contents of your sales contract. I do not believe that the Salvation Army is considered to be a “car dealer”. Car dealers are bound by law not to sell cars that are unsafe to drive, which includes brakes that are not in good working order. When you are considering the purchase of a used vehicle with an “as is” sign on it, you should always be extremely careful and have the car checked by a mechanic before you buy it. I gather that you failed to do so. I am sorry that you had to learn such an expensive lesson. Read your sales contract and see if you have an escape clause in it which would allow you to return the car andyou’re your money back.
Q. Last year, I got married on foreign soil while on vacation. I wonder if my marriage is legal here in California and if not, should I re-marry under California law?
A. Failed to tell me in which country you got married and whether or not the marriage is considered valid in that country. Were you or your “husband” ever a citizen of this country? Typically, foreign marriages are valid if you meet the residency requirement of that country, among various other requirements. Each country has different requirements in order for a marriage to be valid. If both of you resided in California before and after the foreign marriage, it might be a good idea to at least have a civil ceremony here in California. If there are any questions in your mind that you are not married, then your “marriage” may not be valid and/or legal in this state.
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