Posted On: July 25, 2010

Do-It-Yourself Texas Lemon Law without a Lemon Law Attorney

Many potential clients ask my Garland based lemon law office if it is possible for them to pursue their case against the car manufacturers without being represented by an attorney (aka pro se). My answer is yes. In fact, the Texas Lemon Law is written (perhaps with aggressive lobbying done by the car manufacturers) to make it more likely for consumers to open a case with the Texas Department of Motor Vehicles (formerly, the Texas Department of Transportation handles Texas Lemon Law matters) without attorney representation.

Why would car manufacturers want you to open your case without an attorney? Ask yourself, if you have a dental need (such as extracting a rotten tooth), would you do it yourself? If you have a medical problem, would you try to treat yourself without the advice of a licensed doctor? Theoretically, you can extract your own teeth and perhaps medicate yourself, but is it wise to do so?

For most consumers, opening your own case with the Texas Department of Motor Vehicle might be the way to go, but my suggestion is to explore all of your options before committing to represent yourself at the Texas Lemon Law administrative hearing. I know that it is self-serving, since I am a lemon law attorney, but it may be wise to get a free consultation with a lemon law attorney before you agree to any offers by the car manufacturers (such as Chrysler or Ford). Most lemon law attorneys offer a free consultation.

Posted On: July 17, 2010

Texas Lemon Law Filing Fee and Attorney Fees

If you have opted to pursue your Texas Lemon Law case on your own without an attorney through the Texas Department of Motor Vehicle program, then please be aware that there is a filing fee involved. The filing fee is currently $35, but is refundable if you win your case.

In comparison, most Texas Lemon Law attorneys and their offices usually will NOT charge you for legal services. Specifically, my office files under laws that requires the vehicle manufacturers to pay for my attorney fees under the attorney fee shifting provision.

Alternatively, some attorneys may take your case on a fee contingency, meaning that they will get paid only if they win or settle your case. If no settlement is procured, then you will not owe the attorney any amounts. Check with your attorney, as each attorney operate differently. Remember to always read the engagement letter or retainer agreement very carefully.