NEW JERSEY LEMON LAW CASE TIPS

In addition to filing a lawsuit in the Superior Court, there is also an administrative legal process that the buyer or lessee can use instead of filing the lawsuit. However, there may be dangers to using the administrative legal process, since by using it instead of a lemon lawsuit, a buyer or lessee may not be able to get all the relief that may be due them under all the laws applicable to defective vehicles. The Division of Consumer Affairs established a New Jersey Lemon Law Unit for the handling of lemon law claims. You are not required to file a lemon claim with the New Jersey Lemon Law Unit. If you file a lemon claim with the New Jersey Lemon Law Unit, you do not receive a trial by jury. However, if you or your lemon attorney file a New Jersey Lemon Law case in the Superior Court of New Jersey and properly demand a jury and your lawsuit is not dismissed before the jury decides the case, a jury of your peers decides whether you win or lose your New Jersey Lemon Law case. Under the Law, if citizens have a valid lemon lawsuit, they have a right to have their lawsuit decided by a jury. A New Jersey Lemon Law Unit claim is decided by a single administrative law judge instead of by a jury of your peers. Who would you rather have decide your case? A judge without a jury or a judge with jury of your peers? Another disadvantage to the New Jersey Lemon Law Unit is that, while you may have more than one claim against the manufacturer (and thus multiple ways of recovering damages), you may bring only one type of claim against the manufacturer in the New Jersey Lemon Law Unit proceeding. Usually, consumers who qualify for relief under the Lemon Law also qualify for help under other laws. But the New Jersey Lemon Law Unit does not permit consumers to seek relief under laws other than the Lemon Law, which often results in their weakening their changes to recover money damages for their defective vehicle. If you attempt to handle a lemon claim by yourself through the New Jersey Lemon Law Unit, you may lose your claim by failing to follow the required procedures or by failing to present sufficient proofs at any hearing or by failing to pursue rights under laws other than the Lemon Law. Usually manufacturers are represented by attorneys who are more familiar than you with such claims and quite often, the buyer or lessees who represent themselves before the New Jersey Lemon Law Unit fail to prove their Lemon claim.