Anyone considering filing a case under lemon law must have an automobile that is considered to be a lemon. This can be generally defined as a car with mechanical problems that result in excess loss of usability of the vehicle. If you have submitted the proper paperwork and notified the dealer or manufacturer, and they were unable to fix the issue, refund your money, or replace the vehicle, then you may file a lawsuit. Depending on the state you are located in the procedure for filing a suit will vary slightly.
The first step is to file a formal complaint. You can usually find this form for your state on the state’s website. It is your responsibility to be aware of any changes in procedure that you must follow. For example, Texas has a $35 fee that is required to be mailed along with the proper paperwork. Your state may have similar fees, and typically these can be awarded if you win your case.
The advised your state may have a certain department that handles consumer affairs, and you will need to check if this falls into that category. You being the consumer, will be required to follow their procedures which in these cases may include attending a hearing.
An alternative method of enforcing the lemon law would be for you to file a civil case on the matter. This will vary depending on where you you reside, but the typical procedure will be to have a hearing in front of an administration law judge. It is not usually necessary for you to hire a lawyer for this sort of hearing. However, it is generally a smart idea to have a lawyer represent you in any type of lawsuit.
In some counties you will not need a attorney to help file your lawsuit. As a consumer, if you have the proper documentation and records then you can file this suit without the assistance of an attorney. San Diego is an example of a county where you may need the assistance of a San Diego attorney. In order to properly file the suit on your own there are a few requirements that must be met.
First you will need to prove that the vehicle was bought and is your property when the hearing occurs. Secondly you will need to show proof that there was a problem with the automobile while it was covered under warranty. You will then need to show that the issue was properly reported to the manufacturer or dealer, and they were allowed sufficient time to resolve the problem. Then you will be required to show that the complaint was brought to their attention within the allotted time limit. Lastly, you will need to show that the manufacturer or dealer were informed in writing of the issues preventing the vehicle from proper use, or that the automobile poses a risk.
Depending on what state or city you are in, you may have a nonbinding arbitration or voluntary arbitration. Cities such as San Diego, have a voluntary arbitration which is normally begun by the dealer or manufacturer. This is the kind of arbitration that is established on the manufacturer or dealer rather than the consumer.
It is important to remember that you can always file an appeal to a Superior Court if you are unhappy with the outcome of your case. It is highly recommended that you secure a San Diego attorney or one in your local area if your case makes it to this point, as almost all dealers and manufacturers will be legally represented.
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