Posted On: June 28, 2012

Two most important items to have in order to have a strong Texas Lemon Law case.

Having a strong lemon law case is not as difficult as most people think. Based on my experience over the years handling lemon law cases, the following are 2 items that make a case strong.

Keep in mind that this is not to be considered legal advice, but merely a guideline. Please contact my office or a Texas Lemon Law attorney for legal advice that is specific to your situation.

1) Repeated repair attempts for the same problem. The rule of thumb is at least 3 repair attempts for the same defect. If you have 2 repair attempts, it might be a good idea to begin exploring your optoions.

2) Documented attempts. In the world of litigation and law suits, having evidence is essential. You can have the strongest fact pattern, but without written evidence or documentation to back it up, then your case may not prevail.

Please feel free to contact my lemon law office if you want a free case review.

Posted On: June 17, 2012

Question: To have a valid Texas Lemon Law claim with my truck, SUV, car, or RV,...how important is it to have documentation or paperwork?

(What if the dealer doesn't issue a repair order for my visit/multiple visits?)

At my lemon law office, I get asked this question the most from frustrated consumers. It is important for the client to gather all documents and paperwork, including repair invoices (even those that are designated as "NPF" (no problem found); as such paperwork serves as evidence when our office discuss the claim with opposing counsel or manufacturer representative.

Without documents, it would be difficult for any attorney to accept the case. Does that mean you have no options or no case if you trashed all of your paperwork? The answer fortunately is no.

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Most service centers keep electronic data or copies for each repair visit. I usually recommend that a potential client contact the service manager and request a printout of each visit. If the service manager inquires as to why you are requesting the paperwork, it is vital to not inform him or her that you are contacting an attorney or looking to sue; simply tell them that you just want it for your records. Letting them know that you intend to hire a lemon law attorney puts them on edge and places them on a "clean-up-the-evidence" mode.

Once armed with paperwork in hand, contact a Texas licensed attorney as soon as possible. If you bought your vehicle in Texas, please feel free to contact my office for a free case evaluation.

Posted On: June 8, 2012

Question: Under the Texas Lemon Law, how do I know where to sue?

Answer: Most people who contact my lemon law office about a problem vehicle are everyday folks who never thought they would need to contact an attorney when they originally bought their new vehicle. Often times, it is their first time contemplating a lawsuit against any company. Suing a car manufacturer such as Kia, Chrysler, Ford, or Mazda can be a daunting task -- think David and Goliath. Finding out where to sue and which attorney to contact is also another often asked question.

Some clients find that they have relocated to a different state or county. Others wonder what happens when the car dealership closed down or moved.

The term jurisdiction is a legal term of art that basically means which court has the power to handle or hear your case. For lemon law cases, jurisdiction usually occurs at the county level; typically the county where the vehicle was purchased.

For example, if Bob bought his Toyota Camry at Super Dealer in Houston, Texas and Bob ends up moving to Austin, Texas; then Bob will need to file suit in Harris County, not Travis county. In terms of which attorney Bob needs to hire, my recommendation is to find an attorney who focuses his or her practice handling Texas Lemon Law cases. As long as the attorney is licensed in Texas, a Dallas attorney such as myself, can take on the case.