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Questions Answered by Barak J Berlin
2 Answers | Asked in Lemon Law for California on
Q: How does the current GM strike impact the law as far as amount of Tim my vehicle is in the shop?
Barak J Berlin
Barak J Berlin answered on Oct 22, 2019

It doesn't. GM is still required to fix your vehicle under warranty with a reasonable number of repair attempts (typically four times, but it is not set by law) or a reasonable amount of time (30 days, but again, there is no absolute, it can be more or less).

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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a car from Kia in 2017 and I'm having engine problems they have had my car for a month now what can I do
Barak J Berlin
Barak J Berlin answered on Oct 21, 2019

You may have a case against Kia under the Song-Beverly Consumer Warranty Act, commonly known as the California Lemon Law. If you do have a lemon, you are entitled to receive all sums you have paid or owe on your car, minus a mileage offset.

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1 Answer | Asked in Collections for California on
Q: Can a collection agency come after you if the dept is over 4 years old for hospital bill under $2000,00?
Barak J Berlin
Barak J Berlin answered on Sep 26, 2019

A collection agency can essentially ask you nicely for the money at any time. However, if the debt is past the statute of limitations (i.e. you haven't made payments for over four years), then they cannot make any misleading statements. This would include threats to sue you for the past due... Read more »

1 Answer | Asked in Consumer Law for California on
Q: I am being sued by a debt collector. i pulled my credit report, and said debt is not there. I intend to answer with a

copy of the credit report, stating said debt does not exist, having passed the Statute of Limitations, and having been purged from the report. Is it possible they have something I may not be aware of? Do I have a reasonable chance of success?

Barak J Berlin
Barak J Berlin answered on Jul 9, 2019

Debt collectors are not required to report the alleged debt to the credit reporting agencies (Experian, Equifax, TransUnion). That said, they usually do as long as they can. If this is a debt which you have not paid for more than four years prior to the filing of the complaint, you have an... Read more »

1 Answer | Asked in Collections for California on
Q: Should I file a response to a Civil Lawsuit

Me and my wife were served a summons for a unlimited civil case in California. This is for an outstanding hospital bill from October 2013. The insurance company issued a payment to my wife but only for a partial amount because she was taken to an out of network hospital. We signed over this check... Read more »

Barak J Berlin
Barak J Berlin answered on Jun 10, 2019

It sounds like you need to file an answer. You only have thirty days after being served to do so. You may have a defense based on the statute of limitations. You may also have a claim against the collection agency. You may be able to get a free consultation. Go to the National Association for... Read more »

2 Answers | Asked in Consumer Law for California on
Q: Can a 22 year old date a 17 year old if they got permission from the 17 year old parents
Barak J Berlin
Barak J Berlin answered on Jun 5, 2019

No. See Penal Code Section 261.5

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=261.5.

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4 Answers | Asked in Car Accidents, Consumer Law and Small Claims for California on
Q: Can I make a small claim on a used car fraud?

In December 2018 I purchased a used 2016 Honda pilot from a Toyota dealership, which I am currently financing. I asked on three seperate occasions, before signing any paperwork, if the car had been in any previous accidents and was told repeatedly that the car has NOT been in any accidents and is... Read more »

Barak J Berlin
Barak J Berlin answered on Mar 3, 2019

While you can file a small claims case on this issue, you may have a case which an attorney can assist you with. Our firm handles auto fraud and we would be glad to review your case. Additionally, you can search the "Find an Attorney" section on NACA (https://www.consumeradvocates.org/) for other... Read more »

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2 Answers | Asked in Lemon Law for California on
Q: California resident with a new vehicle that has been to the shop 6 times for electrical issues. Is it covered lemon law?

The vehicle has been to the dealer 6 times for various electrical issues including front passenger seat after the 6 time still is not fixed. Should I get an attorney or deal with the manufacturer directly? Im afraid I could lose and be responsible for the attorneys fees even though an attorney... Read more »

Barak J Berlin
Barak J Berlin answered on Feb 14, 2019

It never hurts to talk to an attorney in these cases. Most (including our office) offer free consultations. If you do decide to deal directly with the manufacturer, remember, you are entitled to everything you have paid or is payable on the vehicle. If they offer anything less, talk to an... Read more »

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1 Answer | Asked in Lemon Law for California on
Q: How is milage usages computation. Is it amount of car * (miles on car at first repair - miles on car when I bought it /

Are late fee not counted on buy backs

Barak J Berlin
Barak J Berlin answered on Feb 12, 2019

You are close. It is the amount of miles you have driven before you bring in your car for the first repair, divided by 120,000 (the statutory life of a car). As the manufacturer has to pay attorney fees and costs if they lose, I highly recommend you hire an attorney. Feel free to check out our... Read more »

1 Answer | Asked in Lemon Law for California on
Q: Purchasing new vehicle from a dealer that I suspect has been damaged and repaired, I asked, are they required to answer?

Tesla Dealership, I have asked if it had been previously owned or repaired, they are not answering, are they required to?

Barak J Berlin
Barak J Berlin answered on Oct 9, 2018

They are absolutely required to answer your question. The Song-Beverly Consumer Warranty Act gives you powerful remedies.

2 Answers | Asked in Consumer Law for California on
Q: Cable company sent me a bill for over $700, I do not have service with them, I've been with another cable company.

I've been with Spectrum the whole time they said I had service with them. Now the bill is in collections. What are my rights?

Barak J Berlin
Barak J Berlin answered on Sep 19, 2017

Send a dispute to the collection agency. Request proof of the debt and the name and address of the original creditor (or cable company). Send the letter certified mail, return receipt requested. If you need to contact an attorney, go to NACA.net for a consumer attorney in your area. Most will... Read more »

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