Last Updated 16th of May, 2010
If I bought a lemon, do I need to file a claim with the state?
Filing a Lemon Law Claim in Your State
Before filing, make sure that your vehicle meets your state's lemon car criteria. Lemon Laws; for example, some states cover only new cars, while others cover both new and used cars. States also tend to vary when it comes to how many failed auto repair attempts by a mechanic.If it qualifies for Lemon Law protection, depending on your state you will either file with your Attorney General's office or the Department of Consumer Affairs. You will be instructed on how to initiate a request for a hearing or arbitration. Usually this requires submitting a specific form along with supporting documents (such as auto repair receipts, work orders, and correspondence with the manufacturer).
Your claim will then be evaluated by a review board. If it determines you are the owner of a lemon you'll be instructed to tender a filing fee. Depending on state, this fee can be anywhere from $35 to $75.
Once the filing fee has been received, you'll receive a hearing date. At the hearing the pressure will be on you to prove that you're burdened with a lemon car. You won't, however, have the floor to yourself. A representative for the manufacturer will also be present, disputing your claims.
Benefits of Hiring a Lemon Law Attorney
Though the arbitration process does not require legal representation, you should consider hiring a Lemon Law lawyer.The manufacturer representative is skilled and experienced at countering Lemon Law claims, giving the manufacturer a decided advantage. But a Lemon Law attorney will serve as a legal equalizer, someone who’s familiar with cases involving lemons and who can increase your chances of winning the case and receiving just compensation.
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