Pursuing a Texas Lemon Law Claim

Under Texas Lemon Law, you must notify the manufacturer in writing of the problem and give them one final opportunity to repair the vehicle. You must also participate in the Department of Transportation's informal dispute resolution process before you are eligible to file a Lemon Law claim in court. You need to file a Lemon Law complaint within six months of the expiration of your vehicle's warranty, two years of the delivery date of the vehicle, or 24,000 miles on the odometer, whichever comes first. Click here [link to http://www.dot.state.tx.us/services/motor_vehicle/texas_lemon_law/complaint_process.htm ] to download a copy of the complaint form.

Once you send in your complaint and a $35 filing fee, it will be reviewed by a Case Advisor. If your complaint is accepted, the Case Advisor will try to resolve your complaint within 30 to 60 days, through an informal mediation process. If that doesn't work, a hearing will be scheduled with the State Office of Administrative Hearings.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.

The Manufacturer's Arbitration Hearing

If your complaint isn't resolved by the Department of Transportation's Case Advisor, a hearing will be scheduled with the State Office of Administrative Hearings.

In the hearing, both you and a representative from the manufacturer speak before the Administrative Law Judge. You will speak first. The attorneys for the manufacturer can question you; when the attorneys for the manufacturer speak, you can question them. You can bring and question witnesses. You should bring your vehicle to the hearing unless it is inoperable or unsafe to drive.

The hearing is an actual court proceeding, so you need to come prepared to present your case. You will need the records that outline all of the work done on your car and all of the diagnosed problems; an odometer reading; copies of correspondence with the dealer and/or manufacturer; statements from mechanics or other experts; statements from witnesses; appraisals or estimates of the resale value of the vehicle with its defects; proof that the manufacturer has had the opportunity for one final attempt at repair; and a variety of financial records. It is also important that you have your records in chronological order and ready to present to the Administrative Law Judge in an organized fashion.

You must prove to the Administrative Law Judge that the claims you are making are true, and that the defect negatively impacts the use, market value, or safety of the vehicle. It is absolutely vital that you bring proof of each and every point you plan on making. A "he-said-she-said" argument will never result in a ruling in your favor.

The Administrative Law Judge must hold the hearing and issue a decision within 150 days of the Department of Transportation's receipt of your complaint. Within 20 days after the decision is issued, either your or the manufacturer have the option of requesting a rehearing. If that is denied, within 30 days either you or the manufacturer can appeal to the State District Court.

Pursuing Lemon Law Litigation in Court

If you decide to hire a lemon attorney, it's likely that your case will proceed to court. The litigation process is usually divided into several stages, and your lawyer will do most of the heavy lifting for you.

Pre-Litigation

To avoid the delays and expenses associated with litigation, lawyers usually try to resolve most cases before going to trial. If a consumer doesn't have an attorney, most manufacturers don't resolve consumer complaints in the hope that the consumer won't pursue his or her case. Once you hire a lemon lawyer, however, manufacturers understand that they will ultimately be responsible for your attorney's fees, and so many settle cases before litigation even begins.

If a Settlement is Not Reached

If no satisfactory settlement is reached, litigation will begin. Read more.