Going to Court
Okay, here you are. You and your attorney are confident you’ve got a winnable lemon law case but have gotten no satisfaction as you’ve journeyed through all the required steps. Now it’s time to take it to the mat—the civil courts. This may generate a quick settlement; there are still a number of opportunities for the manufacturer to avoid the courts. Here’s what to expect.
- Your attorney files a summons and complaint against the manufacturer.
- Direct communication has now stopped. The manufacturer will now reply through the courts. The company will either settle or deny the claim.
- You have the option of requesting a trial before a jury or a judge (bench trial). Your attorney will probably opt for a jury trial as the panel will be more sympathetic to you than the manufacturer. Prospective jury members are always asked questions before being seated to establish their fairness to both sides. But juries tend to be more sympathetic to the “little guy” who is being victimized by the manufacturer.
- Both sides will agree on a court date. History shows, however, the manufacturer will ask for a number of delays in the hope you’ll give up and go away. Your case may take over a year to actually get into a court room.
- You’ll probably get an interrogatory, which is a list of questions you and your attorney will have to answer. You’ll also be required to turn over copies of all your documentation. If you’re a TV lawyer fan, this is the equivalent of discovery which in criminal cases allows the defense to know all the evidence upon which the prosecution bases its case. In your lemon lawsuit, you’re the prosecution and the manufacturer is defending itself.
- Another step in the discovery process is the deposition. This is an in-person version of the interrogatory and allows the manufacturer’s attorneys to assess your impact as a witness as well as garner as much information as possible. Stay calm, answer only what you’re asked, and review possible questions with your attorney.
- Anticipate at least one settlement conference before your trial date. This is the point at which you need to trust your attorney and his evaluation of your case. The cynical version of these conferences is that the manufacturer will offer you just barely enough to pay your attorney and walk away with a thousand or two in your pocket. They may offer to cover the defective part of your vehicle for the life of the car or offer to buy the vehicle back at blue book value. They will rarely offer to replace the lemon with a new vehicle. It’s your decision to make, but listen to your attorney.
- So, now you’re actually in court. In terms of format, the actual trial is a more formal but follows the same steps of the Informal Dispute Resolutions. Each side presents its case (without time limits imposed in the AutoLine procedure) and has the opportunity to question and rebut the other side’s witnesses. You watch court dramas on television—you know the drill. The composure and factual responses required at the deposition goes double at trial.
- The job of the manufacturer’s attorney is to minimize your vehicle’s defect and not so subtly hint that your case is baseless and you’re going after the manufacturer’s deep pockets. Remember that your case is an extension of state lemon laws. Remember all manufacturers produce a certain percentage of defective vehicles. That’s not at issue. No one can claim to have a 100 percent flawless work product. What is at issue is that the manufacturer is required by law to make it right for the owner of those defects.
- Possible outcomes: You could lose. The manufacturer could be required to repurchase your vehicle which could include the original down payment, trade-in equity, monthly payments, loan/lease payoff—it depends on what is allowed by the state lemon law. The manufacturer could be required to replace the vehicle which usually means the “new” model. Depending on each state law, there will be a mileage offset. In some states you may be eligible for civil penalties awarded if your attorney can prove the manufacturer “willfully” refused to repurchase a vehicle when required to do so. In California, civil penalties could be as high as twice the price of the vehicle.
If you suspect your vehicle is a lemon, contact us using the form to the right and we’ll help you locate a lemon lawyer.
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