This is where most people bail out on a lemon law case. You should be able
to find an attorney who will evaluate your case for free, but that's where
free ends. Good attorneys know that there can be things that their clients
won't tell them and others might just decide not to go through with the
case at all. They don't want to risk being left with their costs and time
out of pocket and wind up with nothing.
To put it better, this is when it is time to get out your checkbook and
put your money where you mouth is. Expect to fill out a check to your attorney
for $1500-3000 as a retainer fee before your attorney will go to work for
you. If your case does get to court, you can expect that you will also have
to come up with more money before doing so.
Your attorney will then write a letter to the car manufacturer, basically stating the same things that you wrote in your letter. Again, you should not expect much of a response from the car manufacturer. Chances are they will deny they are liable, state that they will honor problems under warranty, and blame you for any problems. Don't be discouraged.
After you get your failed reply, your attorney will file the necessary papers and complaints against the manufacturer. Chances are they will reply, however only through the court systems, denying the claim. In most cases, you should seek a jury trial because they are more sympathetic to buyer problems.
Car companies hate doing this because they know that juries tend to be more sympathetic to the person that has the bad car than they do with the company that made it and they likely have been procrastinating in dealing with you. They would prefer that the case be heard by a judge rather than a jury, BELIEVE ME.
What to Expect at the Actual Lemon Law Legal Proceedings
When the lemon law suit has been filed, both parties have to agree on a
court date. However, don't you shouldn’t get your hopes up that your case
will be heard on that date. Car manufacturers generally get one or more
adjournments for one or other reasons that they concoct.
In the larger areas of jurisdiction, expect that the ultimate date of your trial won't be for at least a year or two or more from the time you actually filed the lawsuit. Again, this is what you should expect and what the car manufacturer will do as a means of making you go away.
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