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Lemon Law Process
The lemon law claims process can be daunting for the average consumer, but the attorneys and staff at Allen Stewart, P.C. can help you navigate the process. Our attorneys have combined decades of experience resolving breach of warranty cases in favor of our clients.
Lemon laws vary from state to state, but the federal Magnuson-Moss Warranty Act protects all Americans regardless of the state in which they live.
The Steps of Filing a Magnuson-Moss Claim with Allen Stewart, P.C.
A potential new client contacts Allen Stewart, P.C. and speaks with a trained legal team member about their case. The legal team member will ask about the make, model and year of the car as well as what problems the potential new client has with the car. The legal team member will also ask what state the potential new client lives in, as well as when and where they bought the vehicle and how many times the vehicle has been repaired.
Once the legal team member determines the potential new client could have a breach of warranty, the potential new client will speak with a lemon law attorney. The attorney will discuss the claim with the potential new client, ask for relevant documents including the vehicle’s purchase contract (if available), proof of registration, and all records of repair. The attorney will discuss the likely outcomes and if both parties agree, will begin pursuing the claim on the new client’s behalf under the terms of our written contract.The attorney will contact the defendant, which most often is the lemon vehicle manufacturer. The attorney notifies the defendant of the lemon law claim and begins aggressively advocating for the client to try and resolve the matter without court intervention.
Throughout the process the attorney stays in contact with the client, keeping them informed of any settlement offers. Andrew Ross, a lemon law attorney with Allen Stewart, P.C., says more than 90 percent of cases resolve at this point without a lawsuit needing to be filed.
If no settlement is reached, the attorney files a lawsuit against the manufacturer and presents proof of lemon law violations through the discovery and disclosure process. If no acceptable settlement is reached, the case proceeds to trial.
Ross estimates the average time between agreeing to represent a new client and resolution of the client’s claim is 19 weeks. Regardless of how long your case takes, the attorneys of Allen Stewart, P.C. will fight for you every step of the way.