- 1). Know the law. Each state defines a lemon slightly different. Usually it's a car that has a serious defect that impairs the safety, function or value of the car that cannot be repaired after several attempts (usually three or four). There also usually a cumulative number of days in repair after which a car becomes a lemon no matter how many attempt were made.
- 2). Make repair attempts and keep records. Each time you bring your car in for repair, keep all receipts and documents showing what work was done and how many days the car was out of service. This is the critical step for establishing that your vehicle is in fact a lemon. Be sure you only use manufacturer authorized repair facilities because unauthorized modification to your car can invalidate the manufacturer's obligations under the lemon law.
- 3). Notify manufacturer. Once you reach the legal definition of a lemon, the law usually requires you notify the manufacturer of the defect and your repair attempts, and provide one last chance for the manufacturer to repair the vehicle.
- 4). Comply with any required informal resolution procedures. Several states require car manufacturers maintain a state-certified dispute resolution process by which lemon law claims can be settled informally outside of court. This is where almost all lemon law claims are settled. It's only if the manufacturer refuses to voluntarily provide the refund or replacement as mandated in the law that you would even consider filing an actual lawsuit.
- 5). Draft a complaint. A complaint is a legal document that sets forth a legal claim. Your lemon law claim will be filed in the state court of the county in which you live. The court might have a form complaint you can fill out easily, or you might have to type up a document according to specific instructions. Either the clerk of the court or a local legal self-help group can give you more directions on how to format your complaint. The content should follow closely the language of the lemon law and include all the steps you did to comply with the law including the dates of repair attempts and the locations.
- 6). Serve process. Service of process is the final step that gets a lawsuit started. Once the complaint is filed in court, a certified copy needs to be served on the corporate representative of the manufacturer. A professional process server can help you identify the appropriate party for service, which should be located in your state.
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