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For any consumer who is pondering the idea of filing a suit under lemon law must understand that in order to do so you must have a vehicle that is considered to be a lemon. A lemon is considered to be a car plagued with a multitude of mechanical problems that cause a substantial loss of use of the automobile. I if you have already filed a notification to the manufacture of the vehicle or the dealer where you got it and today have not resolve your problem, or replaced the vehicle, or try to give you a refund, you are able to file a lawsuit. The right way to go about filing a lawsuit will be different depending on what state you reside in.

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.

Depending on where you reside, you may need to check to see if your state has a department of consumer automotive affairs that will handle these cases. If they do, you will need to follow their procedures first which will sometimes include having a hearing beforehand.

You can also file a civil case as an alternative method of utilizing the lemon law. This will be dependent on your state, but usually this will result in a hearing in front of an administration law Judge. You will most likely not need a lawyer for this kind of hearing. Although, it is always wise to have a lawyer represent you, as the manufacturer or dealer will have representation majority of the time.

Depending on where you live it may or may not be necessary to hire an attorney to file your suit. If you already have the correct documentation and necessary records, odds are you can do it on your own. However, there are some counties such as San Diego where you may need the assistance of a San Diego attorney. To correctly file a lawsuit on your own accord there are some important requirements that need to be satisfied.

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.

The type of arbitration you experience will be dependent on the state you are in. This can be either a voluntary arbitration or a nonbinding arbitration. In San Diego California, you will experience a voluntary arbitration that will typically be started by the automotive dealer or manufacturer. This type of arbitration is imposed on the automotive manufacturer or dealer and not on the consumer of the vehicle.

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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