Law Office Of Paul DePetris
paul@newjerseylemon.com

Federal Lemon Law Facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey lawsuit! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Do not rely upon the statutes, rules, codes, files or forms on this website for any purpose! Before taking any legal action, read all applicable federal and state source law and lawsuit law and consult with an attorney for changes. Addresses, hours of operation and directions may change so be sure to check with the court in advance of mailing documents to court or going to any court!!! Some of the webpages on this site do not apply to all types of New Jersey lawsuits, since there are different rules for different lawsuit types!

THE FEDERAL LEMON LAW FACTS, ALSO KNOWN AS THE MAGNUSON-MOSS WARRANTY LAW

WHAT IS A NEW JERSEY BREACH OF WARRANTY CLAIM?
New Jersey breach of warranty claims involve a defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product that was sold with a warranty. Usually, the New Jersey breach of warranty lawsuit is one where a New Jersey dealer makes repeated repairs to your defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product under the New Jersey warranty for the same problem but couldn’t fix it. One such law that may help you get relief from such a problem is the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act [which is also called the Federal lemon law or Magnuson-Moss Warranty Act].

WHAT IS THE FEDERAL LEMON LAW OR MAGNUSON-MOSS WARRANTY ACT?
The Federal lemon law or Magnuson-Moss Warranty Act is a form of Federal lemon law. It is a federal lemon law designed to help in the enforcement of New Jersey breach of warranty claims. The Federal Government decided that, since new defective New Jersey cars, defective New Jersey trucks, defective New Jersey recreational vehicles, defective New Jersey motorcycles, defective New Jersey boats and other New Jersey products and other items sold to consumers with warranties were expensive to buy, the public should be protected from defective New Jersey cars, defective New Jersey trucks, defective New Jersey recreational vehicles, defective New Jersey motorcycles, defective New Jersey boats or other New Jersey products and items by having a right to sue the manufacturer of the defective New Jersey vehicle and sellers of those defective New Jersey cars, defective New Jersey trucks, defective New Jersey recreational vehicles, defective New Jersey motorcycles, defective New Jersey boats or other New Jersey products or items for money damages. The right to sue occurs if the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product or other item can’t be fixed under the warranty after the manufacturer of the defective New Jersey vehicle or dealer that issued the warranty had a reasonable chance to fix the defective New Jersey cars, defective New Jersey trucks, defective New Jersey recreational vehicles, defective New Jersey motorcycles, defective New Jersey boats and other New Jersey products.

DO I QUALIFY FOR MONEY DAMAGES UNDER THE FEDERAL LEMON LAW OR MAGNUSON-MOSS WARRANTY ACT?
In a New Jersey Federal lemon law lawsuit or Magnuson-Moss Warranty Act lawsuit, under the Federal lemon law or Magnuson-Moss Warranty Act, it is up to a New Jersey Court to determine if you were damaged by the failure of a manufacturer of the defective New Jersey vehicle or a selling dealer to comply with any obligation under the written warranties that they provided you with the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product. To recover money damages under the Federal lemon law or Magnuson-Moss Warranty Act, the following requirements must be met:
 the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product must be a “consumer product” normally used for personal, family, or household purposes.
 you must be a “consumer'' -- a buyer (other than for
purposes of resale) of the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product , a person to whom the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product was transferred during the duration of an implied or
written warranty (or service contract) applicable to the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product, or any other person entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).
 the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product must have cost you more than $5.

HOW DO I GET MONEY DAMAGES UNDER THE LAW?
A New Jersey defective New Jersey car buyer, defective New Jersey truck buyer, defective New Jersey recreational vehicle buyer, defective New Jersey motorcycle buyer, defective New Jersey boat buyer or other New Jersey product buyer who is damaged by the failure of a manufacturer of the defective New Jersey vehicle or selling dealer to comply with any obligation under any written warranty, implied warranty, or service contract that they issue the consumer, may file a New Jersey breach of warranty lawsuit [or in other courts of competent jurisdiction]. If you win the New Jersey breach of warranty lawsuit, you may be awarded money damages, reasonable attorney's fees [based on actual time your attorneys spent working on the New Jersey breach of warranty lawsuit] plus court costs, including the fees for filing the New Jersey warranty lawsuit. New Jersey attorneys would normally argue that, if the manufacturer of the defective New Jersey vehicle or the selling dealer is unable or unwilling to fix the car within a reasonable period of time, the New Jersey defective New Jersey car buyer, defective New Jersey truck buyer, defective New Jersey recreational vehicle buyer, defective New Jersey motorcycle buyer, defective New Jersey boat buyer or other New Jersey product buyer is entitled to money damages and possibly other relief.

UNDER THE FEDERAL LEMON LAW OR MAGNUSON-MOSS WARRANTY ACT, BEFORE FILING A NEW JERSEY BREACH OF WARRANTY LAWSUIT, DO I HAVE TO PARTICIPATE IN THE MANUFACTURER OF THE DEFECTIVE NEW JERSEY VEHICLE’S OR DEALER’S DISPUTE SETTLEMENT PROGRAM OR ARBITRATION PROGRAM?
Under the Federal lemon law or Magnuson-Moss Warranty Act, if the manufacturer of the defective New Jersey vehicle or selling dealer has its own dispute settlement or arbitration program and the warranty requires you to use it before suing them, you may be required to participate in that process before filing a lawsuit against them. However, even if the buyer decides to participate in such a program, if dissatisfied with the result, the buyer may be able to file a lawsuit against the manufacturer of the defective New Jersey vehicle. If you hire a New Jersey attorney, before filing your lawsuit, they can file the paperwork necessary to comply with any required dispute settlement or arbitration program.

HOW DO I PROVE MY NEW JERSEY BREACH OF WARRANTY LAWSUIT UNDER THE FEDERAL LEMON LAW OR MAGNUSON-MOSS WARRANTY ACT?
As soon as you notice that your defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product has a defect, you must:
 report the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product defect to the manufacturer of the defective New Jersey vehicle, selling dealer or their authorized repair facility immediately;
 arrange for it to be repaired by the manufacturer of the defective New Jersey vehicle, selling dealer or their authorized repair facility; and
 when you get your defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product repaired, before leaving the dealership or repair facility, you should ask for a repair invoice listing what was done to your defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product.

WHAT ARE DEFENSES TO MY NEW JERSEY BREACH OF WARRANTY LAWSUIT UNDER THE FEDERAL LEMON LAW OR MAGNUSON-MOSS WARRANTY ACT?
Your New Jersey breach of warranty lawsuit under the Federal lemon law or Magnuson-Moss Warranty Act may be weakened or lost if the manufacturer of the defective New Jersey vehicle or selling dealer proves one of the following:
1. the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product has no defects;
2. the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product ’s defect does not substantially impair the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product 's value; or
3. the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product’s defect is the result of the buyer’s abusing, neglecting, modifying or altering the defective New Jersey car, defective New Jersey truck, defective New Jersey recreational vehicle, defective New Jersey motorcycle, defective New Jersey boat or other New Jersey product.

NEED HELP WITH YOUR NEW JERSEY LAWSUIT?
Handling your New Jersey lawsuit wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey lawsuit. Not all New Jersey lawsuits require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey lawsuit wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey lawsuit. Let the Law Office of Paul DePetris help you with your New Jersey lawsuit.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey lawsuits often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey lawsuits. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey lawsuit. Each New Jersey lawsuit has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY LAWSUIT MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey lawsuits, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey lawsuits or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey lawsuit. The following are reasons to use an attorney to handle part or all of your New Jersey lawsuit:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey lawsuit has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey lawsuit.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey lawsuit out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published lawsuits, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published lawsuits.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey lawsuit to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey lawsuit. The judge hearing your New Jersey lawsuit is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey lawsuit. Hiring an attorney to handle part or all of your New Jersey lawsuit does not guarantee your success. However, it may provide what is needed to win your New Jersey lawsuit or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY LAWSUITS?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey lawsuits for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey lawsuits for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey lawsuits
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY LAWSUITS?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims lawsuits in North, Central and Southern New Jersey, including lawsuits in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY LAWSUIT FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey lawsuits for an hourly fee, such as by offering to handle your New Jersey lawsuit up to trial for a fixed fee or to help you handle your New Jersey lawsuit by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey lawsuit to a fixed sum, while providing you the help you need to handle your New Jersey lawsuit. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey lawsuits for an hourly fee, such as by offering to handle your New Jersey lawsuit up to trial for a fixed fee or to help you handle your New Jersey lawsuit by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey lawsuit to a fixed sum, while providing you the help you need to handle your New Jersey lawsuit. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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