The process of getting help for your lemon law situation is fairly simple. The following is intended as a brief overview of the process. Each case is different and may require more or different steps. Here are the steps:
1. Information gathering: Please provide the year, make, and model, along with a short description of the problems. You may call us at (916) 663-6400, email us at firstname.lastname@example.org, or fill out our contact form on the home page to let us know.
2. Review. After we review your documents we’ll chart out the repair history into a summary.
3. Discuss with You. We’ll then call or meet with you to discuss your situation, answer any questions you may have, and share with you our analysis of the strength of your case and an estimated time frame to resolve it.
4. Letter of Representation. If it is a case we both agree to pursue together we’ll provide you with a written letter of representation putting our agreement into writing. This agreement includes a provision making clear our fees are paid for by the manufacturer and do not come out of your recovery.
5. Demand Letter or File Suit. Our office will then either write a detailed demand letter to the manufacturer or file suit, depending on what you and our office decide is best in the situation.
* If a demand letter is written – once we hear back from the manufacturer, if an offer is made, the negotiations begin. We share every offer with you, provide you with our advice, but since it is your case and we work for you, you get to decide whether to accept, reject, or counter for something different. We then go back to the manufacturer with that, and the negotiations continue in this way.
* If suit is filed – once we receive the filed Complaint back from the court we have it served onto the manufacturer who then has 30 days to respond with its Answer to the Complaint. Next is written discovery (ie: gathering evidence) in efforts to learn more about the other side’s position. While all of this is going on we also ask you for the most current information about your financial losses caused by your lemon and submit those amounts in an itemized settlement demand along with any new information regarding your lemon. Discovery, settlement demands, and contact with the manufacturer continue in efforts to resolve your case as quickly as possible. Once your case is resolved we will file a Dismissal closing out the matter.
* Whether suit is filed or not, every settlement offer is shared with you and you will know to the penny what it means to your pocket. No offer will be accepted without your authorization.
6. Case Resolution. Through the efforts of our office and the manufacturer and/or its representatives or attorneys the case will likely settle pursuant to negotiations, at a mediation, at a mandatory settlement conference, or at trial. Most cases resolve early on and before a mediation takes place. It is important to remember that both sides are obligated to participate in good faith including working toward resolving the matter as soon as possible. We take this very seriously and most manufacturers do too.
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