Filing A Lemon Law Complaint In California The term of "California Lemon Law" is a collective term that is used to represent various legal codes. These legal codes are broadly prescribed by the Civil Code Section 1790-1790.4 - (Song-Beverly Consumer Warranty Act) and Civil Code Section 1793.22 - (Tanner Consumer Protection Act), statutes by the California Attorney General's Office as well as others. Once an attorney has told you under which of these codes your case falls under, in order to file a lemon law complaint you'll need to gather the documentation for your vehicle's defects. In order for these documents to your for you they need to describe the problems with transmission, brakes, paint, engine, electrical fixtures, etc. in detail. For a lemon law complaint you'll also need a repair invoice history, a service record, the paperwork related to the original purchase of the vehicle, especially the sales contract, the vehicle's owner manual and the warranty covering it. After you've gathered all of these documents you'll then have to fill out a questionnaire/interactive lemon law complaint form from the Californian Motor Vehicle Warranty Rights Act department. After this part of the lemon law complaint is submitted and approved, you will receive a form that outlines eligibility parameters. If you have hired an attorney, most of the paperwork including the lemon law complaint will be processed by the law office. In order to initiate a lemon law complaint under the California Lemon Law, your attorney will need to draft a demand letter to the manufacturer. This letter will inform the manufacturer that you are initiating a legal process for breach of express and/or implied warranty on their product. A copy of this letter should be sent to the Consumer Affairs Department and/or Attorney General as well. The forms that will eventually need to be filled will include the:
• Office of Consumer Protection Complaint Form
• Lemon Law Complaint Form
• Generic online complaint form (it has to be downloaded, filled out and submitted in order to initiate a lemon law complaint.)
• Forms to outline the purchase and repair history of the vehicle, also downloadable. Back to Articles
|