• Originally published January 11, 2011 at midnight, updated January 15, 2011 at 3:20 p.m.

By Richard Alderman

Three years ago, a credit card company filed a lawsuit against me. I answered the lawsuit. I heard nothing for almost two years until I received a notice of hearing on a motion for summary judgment. Isn't there a four-year statute of limitations for lawsuits? Shouldn't this case now be dismissed?

The statute of limitation is the legal time-period within which a lawsuit must be filed. A lawsuit filed after the statute has run can be dismissed. For credit card lawsuits, the statute of limitation is four years. In your case, however, the lawsuit was filed well within the statutory time limit. The statute of limitations applies to the date the lawsuit is filed, not when it is finally resolved.

I print and sell T-shirts. Can I make a freehand copy of cartoon characters out of the newspaper and use it as part of one of my designs? Someone told me this was illegal.

What you were told is true. The cartoon character in the paper is probably protected by federal copyright law. This means that you do not have the right to reproduce the character. It doesn't matter whether you make the copy freehand or with the assistance of a machine.

I bought a used car with 24,000 miles. A month after I bought the car, a mechanic told me that the engine has serious problems and needs substantial repairs. The mechanic told me the former owner must have known about the engine problem, and it was not covered by the manufacturer's warranty. Is there a lemon law for used cars? Is there anything I can do legally?

As a general rule, whenever you buy a used car, you buy at your own risk. Most used cars are sold "as is," and this means that the only protection you get is the warranty provided. If the warranty has expired or does not cover the problem, you usually have no rights against the seller. There is no lemon law for used cars.

The major exception to this rule is the Texas Deceptive Trade Practices Act. This law requires that any seller stand behind what he says and disclose major defects. For example, if the seller misrepresented the condition of the car to induce you to purchase it or knew about the engine problem and failed to disclose it, you may have rights under this law. If you are successful under the Deceptive Trade Practices Act, you may recover up to three times your damages and attorneys fees. I should point out that this law applies to both car dealers and individuals.

I suggest you first speak with the seller to see if he will pay for the repairs. You also should check the repair records of the car to see if they indicate whether the seller knew about the problem. If you cannot resolve the matter, you should consider small claims court, or speak with a local consumer law attorney.

Richard Alderman, a consumer advocate popularly known as "the People's Lawyer," is a professor at the University of Houston Law School in Houston. His column appears weekly in the Victoria Advocate. Write to him at UH Law Center, Houston, Texas 77204-6391. He also maintains a Web page at www.peopleslawyer.net.

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