Can I file a lemon lawsuit without a lawyer?
Lemon laws protect the consumers who buy defective products from manufacturers and intermediaries in the chain of distribution. When there have been repeated cases of repair attempts and the problem remains unresolved, the problem may have to be resolved through arbitration or through a civil action.
Most car manufacturers have dispute-solving mechanism which usually involves arbitration. But when the consumer is unhappy with the decision of the arbiter, who may lean towards the manufacturer, bringing a civil action against the manufacturer may be the only option the consumer may have.
Civil actions require a lot of procedure, and when the complainant is not a lawyer, it’s prudent to procure the services of a duly qualified one, especially if he happens to have experience in lemon law matters. But there are times when you may feel you don’t need a lawyer to pursue your claim. Some people may find the legal fees steep, or they may just want to handle the matter themselves, and this could be for a variety of reasons which cannot be adequately addressed here.
There are prerequisites though. You should look at the legislative requirements for your state because every state has its own version of lemon law statutes. The fact that you are unrepresented does not mean you will be treated in a special manner, or that you will be excused for being ignorant of the provisions of the law. Remember that if you proceed to file a case and end up on the losing side, you may be asked to pay for the costs of the manufacturer’s attorney. In the latter case you will find that a lot of time will have been wasted in the process than you would have if you had hired an attorney.
Having said that, filing a lemon lawsuit is not an overly complicated process and its actually possible for an individual who is meticulous enough to do it himself. The initial step is to contact the manufacturer and notifying them of the complaints. Its important to deal with the manufacturer directly rather than the dealer. After the initial contact, the manufacturer may decide to resolve your matter (though at this stage its unlikely he will agree having refused to do so during the initial process of repairing the defects, but nonetheless, it’s a process that is normally followed) or he may deny the claim altogether.
After that, you may ready yourself to bring a civil action against the manufacturer in a court of law. Ensure that all the documentation is in order as these will have a significant outcome on the proceedings in a court case. You may then prepare a complaint and get the summons for the manufacturer in a local court that can entertain such case.
The summons will then served on the manufacturer. These obligate the manufacturer to appear in court to defend his case. Once the manufacturer is faced with a possibility of a lawsuit, he may be more willing to settle the matter, but if the manufacturer is un-cooperative, you can arrange a suitable date with the employer’s attorneys’ when the case will be heard.