It was then discovered that my friend relied on the incorrect information provided by TexasDOT’s representative (he called (800) 622-8682) and did not send the car manufacturer a notice letter by certified mail. The case was dismissed due to this reason alone.
My friend then asked me about what could be done at that point. Once a case has been referred by the administrative judge to be dismissed, the claimant has the option of appealing the decision, provided that he or she does so in writing and within the specified period of time. Alternatively, the consumer may elect to forgo the appeal process and hire a lemon law attorney to file a lawsuit under the Texas Deceptive Trade Practices and Federal Magnusson Moss Act.
My friend elected to hire my office to represent him. As of last week, the case was successfully settled for a monetary cash settlement. The lesson to be learned here is that you do have second chances if you are unsuccessful with your original lemon law hearing with TxDot. Having a lemon law attorney represent you could help you attempt to get a repurchase or replacement the second time around, or help you get a cash settlement in damages.