Automobile Lemon Law - Method Of Filing A Case Under The Lemon Law.

For a consumer who is thinking of filing a suit under the lemon law, they must have a vehicle that is considered a lemon. This is a vehicle that has mechanical problems that cause loss of use of the vehicle in excess. If proper notification has been made to the dealer or manufacturer and they have been unable to correct the problem, or have not attempted to refund the consumers money or replace the vehicle, then suit may be filed. The proper method of filing a suit will differ slightly depending on the state of residence. First the consumer must file a complaint. A form for filing a complaint is available on the internet for the majority of states. The consumer should be aware of any other procedures that must be followed. In Example, if the consumer resides in Texas, then there is a $35 fee that is non-refundable that must be sent along with the complaint forms. These fees can be awarded to the consumer if they win their case.

New Jersey requires you have a hearing in Division of Consumer Affair's Automotive Dispute Resolution Program. The consumer may use the informal dispute settlement program available from manufacturers. Another method of using the lemon law would be to file a civil case. In some states a hearing would be held in front of an Administration Law Judge. It is not necessary to have a lawyer for this hearing. It is always a smart idea to have a lawyer in any kind of suit, most of the time the manufacturer or dealer will be represented. In some states it is not necessary to use an attorney to file a suit. If the consumer has the proper documentation and records, then they can file a suit on their own. There are many things the consumer must prove. One, the vehicle was bought and is the property of the consumer when the hearing takes place. Two, that there was a problem with that vehicle while it was listed as covered under the warranty. Three, the problem was correctly reported to the dealer or manufacturer, and the y were given enough time to correct the problem. Four, the complaint or suit was brought forth during the correct time limit. Five, the manufacturer or dealer were notified in writing of the vehicle problem hindering the usage of said vehicle, or that the vehicle poses a safety or injury risk.

Certain states have a non binding arbitration at the beginning of a case. Some, such as California, have voluntary arbitration that is typically started by the manufacturer or dealer. This type of arbitration is steadfast to the manufacturer or dealer, but not to the consumer. If the results of arbitration are less than satisfactory, an appeal can be filed to a superior court, or a new case brought. A lawyer is always a good idea to have for the filing stages of the case. Again, most manufacturers and dealers would have representation, and the consumer might lose his/her case in this instance.