Law Office Of Paul DePetris
paul@newjerseylemon.com

How To Handle A New Jersey Lemon Case FAQS

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every Court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


HOW TO HANDLE A NEW JERSEY LEMON CASE FAQS


WHAT IS A NEW JERSEY LEMON?
To understand how to handle a New Jersey Lemon Case, you must understand what a New Jersey lemon is.  The New Jersey Lemon Law protects New Jersey lemon buyers or Lessees.  To buy a Car, you must buy or have transferred to you a specific type of vehicle.  The New Jersey Lemon Law does not apply to every New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle.  It is not a guarantee against every defect.  To buy a Car, you must be the owner of a vehicle with a defect or the complaint of a defect that substantially impairs the use, value or safety of the New Jersey Car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle.   The vehicle must be a passenger automobile (automobile used and designed for the transportation of passengers other than an omnibus or school bus) or motorcycle purchased or leased in New Jersey or registered by the New Jersey Motor Vehicle Commission.  The living facilities of mobile homes are excluded from coverage under the New Jersey Lemon Law but other parts are included.  The New Jersey lemon buyer must be the lemon vehicle’s buyer or lessee, other than for purposes of resale or sublease or a person to whom the Car, truck, SUV, recreational vehicle or motorcycle was transferred during the duration of a manufacturer’s warranty applicable to the vehicle or any other person entitled by the warranty’s terms to enforce the warranty’s obligations.  This article only discusses the Lemon Law that applies to Manufacturer’s new car warranties.


WHY SHOULD I TRY TO WIN MY NEW JERSEY LEMON LAW CASE?
To understand how to handle a New Jersey Lemon Case you should understand why you should try to win your New Jersey Lemon Law Case the first time.  There are major incentives to handle a New Jersey Lemon Case right.  If you bought a Lemon, you may be entitled to Relief from the Manufacturer, such as the following:
A replacement vehicle
A refund  
An  attorney’s fee award
An  award of court costs and expert witness fees
Never believe that if you lose the first time, you will have a good chance of getting another chance to win your case.   If you lose your trial, it shall very likely be too expensive and too difficult to reverse the loss you suffered.  Motions for a new trial are infrequently granted.   Appeals require you to pay a filing fee of $200 with the Notice of Appeal and deposit $300 with the Clerk of the Appellate Division within 30 days of the Notice of Appeal.   The deposit may be used to pay settlement or court costs if you lose the appeal.  Most appeals are unsuccessful and even attorneys find appeals very challenging.  Nonattorneys usually have their appeal papers rejected by the appeals court because the requirement for appeal paperwork are very strict and difficult to master.    Put serious effort into winning the case at trial or don’t bother even trying the case!


LEMON LAW ATTORNEY’S FEE AWARDS 
To understand how to handle a New Jersey Lemon Case you should understand why you should consider the services of an experienced New Jersey lemon lawyer.  There is great incentive for an experienced New Jersey Lemon Attorney to handle a New Jersey Lemon Case – mandatory Attorney’s fee awards.   In a New Jersey Lemon Law Case, the Legislature has recognized that the right of access to the courts is meaningless unless the New Jersey Lemon buyer has the resources to file a New Jersey Lemon Law Case.  Attorney’s fee awards provide incentives to competent New Jersey attorneys to undertake New Jersey Lemon Law Cases and to represent victims of the New Jersey Lemon Law who suffer relatively minor losses.  In this way, Attorney’s fee awards is the Legislature's attempt to provide equal access to the courts by encouraging private enforcement of the New Jersey Lemon Law.   The Legislature intended plaintiffs to have access to the court system to pursue relatively small claims against deceptive retailers.  In that respect, the Attorney’s fees provision one of the deterrent aspects of the legislation, and therefore, Manufacturers should beware.   If the Court award damages to a Plaintiff, the Law also requires the Court to award Attorney’s fees against the Defendant.   The Defendant could face a judgment to pay whatever reasonable Attorney’s fees that the Plaintiff incurred in the Law case.  Only a Judge decides the proper amount of a New Jersey Lemon Law attorney’s fee award.  




COURT COSTS AND EXPERT WITNESS FEE AWARDS 
To understand how to handle a New Jersey Lemon Case, you must understand the reason to hire an experienced expert witness.  In a New Jersey Lemon Law Case, the Legislature has recognized that the right of access to the courts is meaningless unless the New Jersey Lemon buyer has the resources to file a New Jersey Lemon Law Case.  Court cost and expert witness fee awards help Car buyers to pursue New Jersey Lemon Law Cases in the hopes that if the New Jersey Lemon Law Case is successful, the Car buyer will recover their New Jersey Lemon Law Case court costs and expert witness fees.


SHOULD I TRY TO HANDLE MY NEW JERSEY LEMON LAW CASE WITHOUT A NEW JERSEY LEMON LAW LAWYER?
To understand how to handle a New Jersey Lemon Case, you must understand that New Jersey Lemon Law Cases can be very complex.  To properly handle a New Jersey Lemon Case you need to have extensive knowledge of the New Jersey Lemon Law.  All or most Manufacturers use Defense attorneys to defend New Jersey Lemon Law Cases.   The New Jersey Lemon Law permits successful New Jersey Lemon buyers to recover awards of reasonable attorney’s fees and court costs from the Manufacturer.   For those reasons, it is very dangerous for a New Jersey Lemon buyer to represent themselves in a New Jersey Lemon Law Case.  Indeed, there is little benefit to a New Jersey Lemon buyer or Lessee to trying to handle a New Jersey Lemon Law Case without being represented by an experienced New Jersey Lemon Lawyer.  Indeed, it is often quite easy for Defense attorneys to defeat New Jersey Lemon Law Cases that are being handled without an experienced New Jersey Lemon Lawyer representing the New Jersey lemon buyer.  If you try to represent yourself, you may fail to take an important step (miss a deadline, fail to complete crucial paperwork, etc.) and thereby jeopardize your New Jersey Lemon Law Case.  New Jersey appeals are very expensive and complex and most are unsuccessful – if they were not, the system would be flawed.  Courts should get New Jersey Lemon Law Cases right the first time without appeals always being taken.  You may only get one good chance to win your New Jersey Lemon Law Case – so why not do it right the first time by hiring a New Jersey Lemon Law lawyer?


SHOULD I WAIT TO SEE IF MY CAR IS FIXED?
To understand how to handle a New Jersey Lemon Case, you must understand the importance of acting quickly to start your case!  If your Car has been at The Manufacturer’s dealership at least 20 or more cumulative days for repairs for the same problem or has been subject to repair 3 times for the same problem, you should not wait any longer to ask an experienced New Jersey Lemon Lawyer to evaluate your case.  Legal proceedings may take time to be concluded and thus, the longer you wait to find out you have a New Jersey Lemon Law Case (or if you have a valid case, to begin the process), the longer you shall likely have to wait to conclude your New Jersey Lemon Case.  When you handle a Case, realize that delay could hurt your New Jersey Lemon Law Case.


IF I FINANCED MY CAR, THE NEW JERSEY LEMON TRUCK, NEW JERSEY RECREATIONAL VEHICLE OR NEW JERSEY LEMON SUV’S PURCHASE, CAN I STOP MAKING PAYMENTS?
To understand how to handle a New Jersey Lemon Case, you must understand the financing of your vehicle.  It is generally very, very risky for a Car buyer or Lessee to decide to stop making payments on a Car simply because it doesn’t work well or even if it doesn’t work at all.  Failing to make payments on a Car could result in:  (1) the credit of everyone on the Car loan or lease being damaged; (2) Car being repossessed; (3) everyone on the Car’s loan or lease being sued; (4) ultimately, in a money judgment being entered against you or anyone else named to the Car’s loan or lease, which may exceed Car’s purchase price or lease price.    Failing to make payments could make a bad situation much, much worse.  When you are considering whether to pursue a New Jersey Lemon Law Case, always consult with an experienced New Jersey Lemon Lawyer before deciding to stop making payments on a Car loan or lease.


WHAT WILL HAPPEN IF I DO NOTHING ABOUT MY CAR?
To understand how to handle a New Jersey Lemon Case, you must understand what happens if you do nothing.  If you have a valid New Jersey Lemon Law Case and you do nothing to enforce your rights, you shall be stuck with your defective Lemon and the seller, manufacturer or warranty provider shall get the best of you.  There are strict time limits for perfecting and filing New Jersey Lemon Law Cases.  Since the New Jersey Lemon Law is such a powerful weapon against Manufacturers, seriously consider using an attorney to handle a New Jersey Lemon Case for you before it is too late to do so.  It can be very dangerous to read websites and conclude that a particular New Jersey Lemon Law Case does or does not equal a valid New Jersey Lemon Law Case.  Do not try to interpret the law simply by reading a website!


WHAT IF THE NEW JERSEY CAR DEALER OR THE MANUFACTURER SAYS I DON’T HAVE A NEW JERSEY LEMON LAW CASE?
Ignore them and seek competent legal advice from an experienced New Jersey Lemon Attorney.  Only attorneys licensed in New Jersey to practice law are permitted to give legal advice and only they are able to evaluate if you have a valid case.  Until you speak with experienced New Jersey Lemon Attorney – someone knowledgeable about this area of the law - do not draw any conclusions, regardless of what you heard from non-attorneys or read on the web.


WHAT IF I THINK MY FACTS DO NOT FIT THE LEMON LAW?
To understand how to handle a New Jersey Lemon Case, you must understand why it is helpful to talk with an experienced New Jersey Lemon Attorney before reaching incorrect conclusions.  You should always speak with an experienced New Jersey Lemon Lawyer before coming to any conclusions about your New Jersey Lemon Law Case.  Do not try to interpret the law by reading a website!  However, even if the facts of your New Jersey Lemon Law Case do not fit the requirements of the Lemon Law, you may be entitled to sue the Manufacturer or its selling dealer for a breach of your warranties under other state and federal laws.  Seek an experienced New Jersey Lemon Lawyer to handle a New Jersey Lemon Case.


WHAT ARE NEW JERSEY LEMON LAW UNIT CASES?
To understand how to handle a New Jersey Lemon Case, you must understand what New Jersey Lemon Law Unit Cases are and how they differ from lawsuits.  The New Jersey Division of Consumer Affairs established a New Jersey Lemon Law Unit for the handling of New Jersey Lemon Law Cases.  New Jersey Lemon Law Unit cases are not heard by the Superior Court of New Jersey and are handled by a New Jersey Law Division Civil Court judge and jury.  Instead, New Jersey Lemon Law Unit cases are heard by an Administrative Law Judge of the Office of Administrative Law without the benefit of a jury.  The Office of Administrative Law is responsible for handling certain types of administrative hearings, including New Jersey Lemon Law Unit cases.   However, the Office of Administrative Law does not provide consumers with legal representation in New Jersey Lemon Law Unit cases and does not hear all types of warranty disputes involving vehicles. Only if the New Jersey Lemon Law Unit determines that a New Jersey Lemon Law dispute meets the requirements for a contested New Jersey Lemon Law Unit Case does the New Jersey Division of Consumer Affairs transmit the contested New Jersey Lemon Law Unit case to the Office of Administrative Law   An administrative law judge hears the contested case under New Jersey rules established by statute and by the Office of Administrative Law.  The Administrative Law Judge hears the New Jersey Lemon Law Unit case by considering the evidence presented by all parties to a New Jersey Lemon Law Unit.   During the New Jersey Lemon Law Unit case, the Manufacturer is typically represented by a Defense attorney.    You are not required to file a New Jersey Lemon Law Case with the New Jersey Lemon Law Unit.   Instead, you are able to have your New Jersey Lemon Law Case heard by a New Jersey Law Division Court judge and jury.


SHOULD I FILE A NEW JERSEY LEMON LAW CASE WITH THE NEW JERSEY LEMON LAW UNIT?
To understand how to handle a New Jersey Lemon Case, you must understand the reasons to avoid filing a case with the New Jersey Lemon Law Unit.  If you file a New Jersey Lemon Law Case with the New Jersey Lemon Law Unit, you do not receive a trial by jury.  However, if you or your attorney file a New Jersey Lemon Law Case in the Superior Court of New Jersey and properly demand a Jury trial and your Case is not dismissed before the Jury decides the New Jersey Lemon Law Case, a Jury of your peers decides whether you win or lose your Case.  Under New Jersey Law, if citizens have a valid New Jersey Lemon Law Case, they have a right to have their Case decided by a jury.  A New Jersey Lemon Law Unit case is decided by a single administrative law judge instead of by a New Jersey Lemon Law Case jury of your peers.  Who would you rather have decide your New Jersey Lemon Law Case?  A Judge without a Jury or a Judge with a Jury of your peers?  Another disadvantage to the New Jersey Lemon Law Unit is that, while you may have more than one case against the Manufacturer (and thus multiple ways of recovering damages instead of only one way), you may bring only one type of case against the Manufacturer in the New Jersey Lemon Law Unit proceeding.   Usually, New Jersey lemon buyers and Lessees who qualify for relief under the New Jersey Lemon Law also qualify for help under other laws.  But the New Jersey Lemon Law Unit does not permit the New Jersey lemon buyers and Lessees to seek relief under laws other than the New Jersey Lemon Law, which often results in their weakening their changes to recover money damages for their defective car.  Also, if you attempt to handle a New Jersey Lemon Law Case by yourself through the New Jersey Lemon Law Unit, you may lose your New Jersey Lemon Law Case by failing to follow the required procedures or by failing to present sufficient proofs at any hearing.  Usually Manufacturers are represented by Defense attorneys who are more familiar than you with Lemon Cases and quite often, the New Jersey Lemon buyer or Lessees who represent themselves  before the New Jersey Lemon Law Unit fail to prove their New Jersey Lemon Law Case.  Once you let the New Jersey Lemon Law Unit case to proceed to a decision, you lose your right to a trial of your New Jersey Lemon Law Case by a New Jersey Superior Court judge and jury.   Accordingly, to avoid damaging their chance of success, before filing a New Jersey Lemon Law Unit case, the New Jersey Lemon buyer should consult with an experienced New Jersey Lemon Lawyer.


SHOULD I FILE A NEW JERSEY LEMON LAW CASE WITH THE BETTER BUSINESS BUREAU (BBB)?
To understand how to handle a New Jersey Lemon Case, you must understand why you should not file a case with the BBB.   Founded in 1978, the Better Business Bureau (BBB) autoline program is a New Jersey vehicle warranty dispute resolution program.  Some Manufacturers are members of the Better Business Bureau (BBB) autoline program.   The Better Business Bureau (BBB) autoline program attempts to resolve some but not all types of New Jersey Lemon Law disputes and New Jersey vehicle warranty disputes.  Many New Jersey vehicle warranty disputes do not qualify for participation in the Better Business Bureau (BBB) autoline program.  The Better Business Bureau (BBB) autoline program’s proceedings are governed by many different Better Business Bureau (BBB) autoline rules and involve telephone conferences facilitated by Better Business Bureau (BBB) autoline staff and Better Business Bureau arbitrations of disputes not resolved by agreement.   When pursuing Better Business Bureau (BBB) autoline claims, New Jersey consumers are entitled to be represented by an experienced New Jersey Lemon Lawyer.   People representing themselves in Better Business Bureau arbitrations often fail to win their Better Business Bureau arbitration.   The Better Business Bureau arbitration process is very difficult for New Jersey Lemon buyers to win.   Indeed, quite often, the New Jersey Lemon buyer or Lessees who represent themselves before the Better Business Bureau arbitration process fail to prove their Case.   Even if you do win your Better Business Bureau arbitration process, many New Jersey Lemon buyers and Lessees do not receive all the money they are entitled to under the New Jersey Lemon Law.  It is therefore very dangerous to represent yourself in the Better Business Bureau arbitration process.   Further, under the Better Business Bureau arbitration process, many New Jersey Lemon buyers and Lessees who are entitled to Attorney’s fee awards under the New Jersey Lemon Law do not receive awards of New Jersey attorney’s fees.   Also, Under the New Jersey Lemon Law, if the Manufacturer participates in the Better Business Bureau arbitration process, the New Jersey Lemon buyer does not have to participate in it before filing a New Jersey Lemon Law Case against the Manufacturer.  Even if the New Jersey Lemon buyer decides to participate in the Better Business Bureau arbitration process, if dissatisfied with the result, the New Jersey Lemon buyer may be able to file a Case against the Manufacturer in a Court.  However, if handled improperly, the Better Business Bureau arbitration process leads to many people who improperly handle the Better Business Bureau arbitration process wasting much time and effort that could be better spent proceeding with a Case.   Sometimes, New Jersey Lemon buyers give up important rights during the Better Business Bureau arbitration process or damage their New Jersey Lemon Law Case.  


DO I HAVE TO START A NEW JERSEY LEMON LAW CASE WITH NEW JERSEY LEMON LAW ARBITRATION OR NEW JERSEY MEDIATION BEFORE FILING NEW JERSEY LEMON LAW CASE IN A COURT? 
Regardless of what The Manufacturer’s warranty says, usually New Jersey lemon buyers and Lessees do not have to proceed to New Jersey Lemon Law arbitration or New Jersey mediation before filing New Jersey Lemon Law Case against the Manufacturer.  Under the New Jersey Lemon Law, if the Manufacturer has its own dispute settlement program, New Jersey Lemon Law mediation program or New Jersey Lemon Law arbitration program, the New Jersey lemon buyer or Lessee does not have to participate in the New Jersey Lemon Law mediation program or New Jersey Lemon Law arbitration program before filing your Case.  Even if the New Jersey lemon buyer or Lessee decides to participate in a New Jersey Lemon Law mediation program or New Jersey Lemon Law arbitration program, if they are dissatisfied with the New Jersey Lemon Law mediation program or New Jersey Lemon Law arbitration program result, the New Jersey lemon buyer or Lessee may be able to file New Jersey Lemon Law Case against the Manufacturer.  However before considering whether to begin New Jersey Lemon Law Case or whether to begin any New Jersey Lemon Law mediation or New Jersey Lemon Law arbitration, you should speak to an experienced New Jersey Lemon Lawyer to have them review your New Jersey Lemon Law Case and to determine exactly how you should proceed. 


NEW JERSEY OWNERS AND THE MANUFACTURER VEHICLE LESSEES CALL NOW FOR A NO OBLIBATION PHONE CONSULTATION!
If you live in New Jersey and you bought a defective car, truck, recreational vehicle or SUV in New Jersey, contact an experienced New Jersey Lemon Attorney today for a no obligation consultation about what he can do for you.   Call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.


DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY LEMON LAW CASES?
Yes.  Paul DePetris is an experienced New Jersey Lemon Attorney who has performed the following tasks:
represented Car buyers and other automobile buyers and owners, new and used car dealers, banks and automotive lenders, boat buyers and owners, watercraft buyers and owners, marinas, junk yard dealers, home buyers, home sellers, home repair customers, home repair contractors, home inspectors, real estate brokers, real estate agents in New Jersey disputes.
appeared in Court in cases involving New Jersey Lemon Law disputes. 
won New Jersey Lemon Law Cases.
settled New Jersey Lemon Law Cases and cases, recovering hundreds of thousands of dollars in money and replacement vehicles for many clients.
worked on New Jersey Lemon Law Cases and cases involving many types of automobiles, such as those manufactured by General Motors, Chrysler, Ford, Fleetwood, Winnebago, Honda, the Manufacturer, Hyundai, Kia, Nissan, Subaru, BMW, Porsche, Audi, Mercedes and Volkswagen.


NEED HELP WITH YOUR CASE?
Handling your case 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 an experienced New Jersey Lemon Lawyer!   Let an experienced New Jersey Lemon Lawyer help you with your Case.  Not all New Jersey cases require you to pay expensive legal fees to get an experienced New Jersey Lemon attorney to represent you.  




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