Filing and winning a Lemon Law Case
New Jersey Lemon Law attorney in Tinton Falls New Jersey and consumer claims:
There is a presumption that a car is a lemon under New Jersey Lemon Law if the car has three or more repair attempts for the same problem OR if the car is out of service for 20 days or more. In addition, the use, value and safety must be significantly affected.
The manufacturer has the opportunity to rebut the presumption that the car is a lemon. The car can also be a lemon if the authorized automobile dealership fails to repair the car in a reasonable time period (jury decides this issue). There are many cases on what is and is not a lemon under the New Jersey Lemon Law.
To qualify for New Jersey Lemon Law the automobile need only be purchased/leased or registered in New Jersey. The use must be personal use rather than for commercial purposes. These are threshold requirements, which must be satisfied to qualify to be successful under New Jersey Lemon Law.
The New Jersey lemon law is a very useful tool for consumers. Many cars are covered by both the new car lemon law in the use car lemon law. These New Jersey consumer laws provide significant benefits. The Lemon Law does not apply to vehicles. The law only applies to consumer vehicles. The New Jersey lemon law provides relatively easy access to the courts. The New Jersey Lemon Law provides for the payment of attorney's fees to those who have successfully cases. There are many other tools that are available for consumers in this state. New Jersey has some of the strongest consumer laws in the entire country. The New Jersey consumer laws provides many benefits to New Jersey consumers as well as out-of-state consumers been victimized by fraud or consumer fraud.
The new and used New Jersey lemon law provides additional protection for consumers in addition to the Magnusson -Moss Warranty and Uniform Commercial Code as adopted by the state of New Jersey.
Is my car lemon? This is a question many consumers asked themselves who are considering filing a lemon law claim. If you are considering filing a claim you are best suited to hire a consumer lawyer with lemon law claims and as experience.
GET THE HELP WITH AN EXPERIENCED LEMON LAW LAWYER
There are certain mileage requirements under the Law. The complaints or the loss of use must have been in the first 24,000 miles or 24 months, whichever is first. This is the new car Lemon Law. The requirements are different under the used car Lemon Law.
3 repair attempts, OR more than 20 calendar days out of service, OR one repair attempt for a serious defect which could cause death or bodily harm.
- Is your car a lemon?
- Do you want a lemon law refund?
- Do you want to get rid of your defective car?
- Do you have a dangerous car?
- Do you own a lemon?
- Learn your rights
New Jersey consumers have many rights under the New Jersey law. There are some restrictions, and these are called mileage requirements. The law states that under certain circumstances, based on the mileage of the vehicle, you cannot obtain any remedies guaranteed under New Jersey law. And if you do not satisfy these mileage requirements you cannot file suit cannot make a claim. However, you can still make a claim under other consumer statutes and other federal statutes both at the New Jersey and at the federal level.
The New Jersey Lemon Law permits suit to be brought in Superior Court or Administrative Court. Matters in Superior Court last about a year-and-a-half, depending on the county. Matters in the Administrative Court take about three to six months. In Superior Court you are permitted a jury, not in Administrative Court, where an administrative judge makes the decisions.The New Jersey lemon law provides access to both administrative in Superior Court. The New Jersey lemon law, both new and used, provide consumers with many remedies in order to provide them with protection if they acquired the vehicle. New Jersey has both a new and used lemon. In both situations you can file suit in Superior Court or you can have alternative administrative court. Administrative Court has shorter time frame than a suit in Superior Court. In Superior Court you are getting a judge and jury where in administrative court only a judge. In conclusion you litigate in various areas and pursue all remedies available. There is not much restriction on which place you can litigate.
If you are successful under New Jersey Lemon Law you get a refund less mileage offset. The refund is a return of all payments, including down payments, rental car charges and other related expenses. The manufacturer must repurchase the lemon and pay off the loan. There is a formula to calculate the mileage offset: purchase price times the mileage when the defect first appeared, divided by 100,000. The State of New Jersey has a Lemon Law unit that keeps track of Lemon Law buybacks since they get a branded title and the information is deemed public information.
List of Lemon Law cases is on the Lemon Law unit web site:
The Lemon Law is where the cases that are filed and set to be heard by an administrative judge are heard and filed. New Car Lemon Law cases are frequently filed with no lawyers but it is highly recommended that you retain a lawyer as Lemon Law cases can be very technical and have some serious procedural restrictions so you have to be careful when these cases are filed in the Lemon Law Unit so you can maximize your return and get a recovery under the New Jersey Lemon Law.