A Lemon Law Case Defined
A lemon law case, as the name implies, involves a defect in a vehicle that is covered under one of the many lemon laws passed by state legislatures and enacted by governors. In short, lemon laws protect consumers by providing certain remedies when their newly purchased vehicle is having problems. Most are applicable to new vehicles and are only applicable for a specific time, such as 18 months or 30,000 miles after purchase.
Lemon laws permit an injured consumer to recover money damages. For some, the remedy is a replacement vehicle. Others provide that the manufacturer repurchase the defective vehicle. In a few instances , lemon laws allow for repairs to be made at the manufacturer’s cost. Because some of the statutes are written in a confusing manner, it is possible that a good lemon law attorney may obtain a remedy that is different than what is written into law.
In some situations, such as where the vehicle has been repaired many times, the manufacturer is placed on notice that the vehicle should be repaired more extensively, or replaced. Other factors may result in the need for a lemon law case so that there can be no more time wasted.
Lemon Law Case Average Duration
When a consumer files a lemon law case, knowing the typical duration of the process helps in understanding how long it will take to get a successful resolution. While the duration of a lemon law case can vary based on several factors, in most instances an automobile lemon law case lasts between one and four months. A lemon law case becomes a trial case once the consumer claims that GM, Ford or Chrysler has had a reasonable opportunity to repair the defect. Some lemon law trial cases may last months or years if there are open questions of fact or law. Depending on the circumstances, even a dismissed lemon law case may take two to four months, however, dismissals are few and far between and usually happen when the consumers failure to respond in a timely fashion is the cause of the dismissal.
A lemon law trial involves the consumer and corporate representative for the car manufacturer. The process includes the following steps:
- A court date is set.
- The consumer and the corporate representative appear before a judge.
- Both sides present their case.
- The judge decides who prevails.
- If a verdict is reached a written judgment is prepared and presented to the judge for approval.
- The judge signs the judgment.
- The judgment is filed at court and a copy is sent to each party.
- If you receive an award, you then wait for a check to be mailed to you by the car manufacturer.
Most consumers find the full trial experience to be intimidating and are glad to have prompt assistance from an experienced lemon law attorney to walk them through the process. While unusual, some lemon law trials may be presented to a jury, however, most lemon law trials are presented to a judge who then renders a verdict.
Stages in a Lemon Law Case
The first step in litigation is the filing of a complaint. If you have not been able to reach a reasonable buyback offer from the manufacturer or dealer, this is when you’ll file a lawsuit to seek a financial buyback. A complaint has many different parts and required language, essentially alleging that the car is a lemon. This "complaint" must then be served on the opposing side – that means that you or your attorney will find a way to have a legitimate process server serve the complaint on the defendant or have it served by certified mail, depending on your location. Once the complaint has been properly served, the defendant has 30 days to file an answer to the complaint with the court.
If the defendant does not answer the complaint, you (or your attorney) will have to file a Motion for Default Judgment in order to enter a Default Judgment against the dealership and/or manufacturer. But if the defendant does answer the complaint, the case will go into the Discovery Phase.
During the Discovery Phase, there will likely be document production between you and the dealership and/or manufacturer, and between your attorney and the dealership and/or manufacturer. You may also have to answer Interrogatories, which are questions posed to you by the opposing party. There may be numerous other steps during the Discovery Phase, which can take several months up to a year or more to complete depending on the complexity of the case. If the case is particularly difficult to understand for the other side, an independent expert from outside of both parties will be needed to testify regarding the facts of the case. Also, motions for summary judgment will be filed, although the vast majority of lemon law cases do not end up going on to trial.
In addition, there will be depositions taken during the case by both the defense and the plaintiff in order for both sides to gather more information so that they can properly prepare themselves for trial. These depositions can take face-to-face interviews or recordings over the telephone between the individuals asked to testify regarding the lemon law case.
Once depositions have finished, the case can move on to mediation, which is when the two sides will try to mediate a settlement agreement. The settlement figure can sometimes be established during mediation if the mediation is successful, though some cases can still continue on to actually go to trial.
After mediation, the case will then be set for Case Management. A case management conference will be scheduled for the parties and outside experts or witnesses who will be testifying. The expected length of trial and a pre-trial order is then discussed. This is where everyone will agree to the procedure and requirements for trial, such as documents needed, witnesses to be called, and the expected length of each witness’ testimony.
Finally, if mediation was not successful and trial is still needed, the trial will occur within the next few months. If the case goes to trial and you win, the defendant can appeal this decision, which may take several more months to resolve.
As you can see, there is no simple explanation of how long a lemon law case takes. Every case is different, but understanding this timeline and the major steps involved in every case will help give you a clearer picture of what to expect and when.
Factors impacting the length of your Lemon Law case
Several factors influence the length of a lemon law case. The first, of course, is how simple or complex the case is. In many Florida lemon law cases, much of the complexity occurs upfront, when the consumer must secure a qualified expert. However, even in these circumstances, many steps can be taken that can result in a greater dispute that will ultimately lengthen the time it takes for the case to finish. For instance, if the defendant is unwilling to participate in meaningful settlement discussions, you may be forced to litigate part of your case rather than engage in a streamlined process. Another key factor in the time it takes for your lemon law case to be completed is how your case is handled – whether it is via negotiation or litigation. Even if you have to litigate, engaging in pre-litigation negotiations can shorten the length of your case by encouraging a resolution before litigation is necessary.
How to speed up your Lemon Law claim
If you are a consumer pursuing a lemon law claim, then you are likely optimistic that you will have a simple and short-lived experience filing your case. Unfortunately, continued research into consumer experiences these days still document lemons being sold to consumers and, as a result, these consumers finding themselves with a lemon law case on their hands.
Whether your lemon law case is ongoing or not yet begun, there are things that you can do to expedite the filing and/or resolution of your lemon law case. In a number of lemon law cases, it may be necessary for you to not only hire a lemon law lawyer, but also other experts, such as engineers, mechanics, or value experts. For instance, if you have lost the use of your vehicle, you may need to get expert testimony from a recognized automotive expert on the extent of the loss of value associated with your car . If you have an electronic-heavy vehicle, you might need to secure the assistance of an engineer to help you understand why the defects to not get fixed in your car. Depending upon you and your claims, there may be some or many experts involved on your lemon law case.
Having the expert testimony in hand certainly helps to expedite the filing of a lemon law case because by securing the testimony and assembling the information, you’ll have more to provide your lemon law lawyer. Further, you may be able to save precious time by hiring your own experts and being able to share your findings with your lemon law lawyer.
In addition to experts, gathering other documentation and information is a great way to expedite a lemon law case. Like the expert testimony, if you gather the information in advance, and provide that documentation to your lemon law lawyer, you may be able to help avoid delays and start the case more quickly with fewer delays.
State lemon law timelines compared
The duration of Lemon law cases can vary substantially from state to state, as various states have different requirements regarding the amount of time that a consumer must provide the manufacturer to repair the vehicle. And, of course, the requirements of the Magnuson-Moss Warranty Act, which is the federal law that encompasses the state lemon laws, must be addressed.
All 50 states have lemon laws in place, and all of them are at least somewhat different in their particulars. To determine an appropriate remedy, it is important to know the lemon law governing in the state in which the vehicle was registered. For instance, Georgia has a 30-month statute of limitation for reporting any warranty item to the manufacturer. Wisconsin has similar provisions, so consumers in those two states must be very diligent about reporting issues and remedying them. Connecticut, by contrast, only requires submission of defects to the manufacturer within a functional warranty period, which protects consumers from exhaustion of the remedy requirement before they can seek a lemon law remedy for their vehicle.
When to get a lawyer
If you have a potentially lemon vehicle, there are several circumstances in which you might want to consider enlisting legal assistance for your case. Many people never require a lawyer in their lemon law case. They are able to work directly with the manufacturer to obtain a quick and satisfactory resolution. However, there are a variety of circumstances in which hiring an attorney is a smart move. For example: Obtaining a refund is usually faster with an attorney. Attorneys are familiar with the statutory law and relevant case law and may use this leverage when initiating a request for a refund or replacement . If you have had to make numerous repair attempts on your own and did not get the documents that you were supposed to get, you may need a lawyer to help you backtrack and get those records. If you had a major mechanical breakdown of a new or very recent used vehicle that could not be repaired, you need an attorney. Car companies are already fighting a presumptive lemon law case. They will vehemently deny any major problems with your vehicle. It is someone special that can go head-to-head with these companies.
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