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Q & A:  How does a lemon law representation work  

People often ask these questions when considering hiring me to represent them in a lemon law case.  I am always happy to discuss these issues and your potential lemon law case, free of charge.  There is no fee unless we win, and no charge for an initial consultation.    

Q. If I don’t win, will I end up owing you money?  

A. No.  There is no fee unless you win.  I work on your case on a contingent fee basis.  The only time I am paid is if you are paid.       

Q. Will, I have to pay anything upfront?  

A. No.  I don’t require a down payment or a retainer when we begin the case.  If the manufacturer fails to pay your refund or provide your comparable new replacement vehicle within the time required by the lemon law, the manufacturer is required to pay your attorney’s fees if you win your case.  There is nothing payable by you for attorney’s fees. If this helps you you may want to contact our Wisconsin lemon law lawyers.  

Q. Will, I have to pay attorney’s fees if the manufacturer gives a refund or a replacement vehicle but no suit is filed.  

A. The answer here is, “Yes, but it is a capped fee.”  You will never pay more than an affordable, capped fee if the manufacturer provides the refund or the replacement vehicle within the time specified by the lemon law.  

If the manufacturer complies with the lemon law and provides the refund or comparable new motor vehicle within the time required by law, I cap the attorney’s fees in your case at an affordable level.  I do this because when the manufacturer complies with the lemon law, it is not required to pay your attorney’s fees.  In exchange for the capped rate fee, I still represent you in all aspects of the claim: from drafting the original paperwork to demand a refund or replacement vehicle, through evaluating any offers, through the vehicle return, (where I typically appear with you to make sure the transaction goes smoothly and your rights are protected).

Q. Do I have to pay anything upfront?  

A. No, you do not pay anything up front.  Any capped fee is deducted from the refund or billed at the end of the case.  

It is always a stressful experience contemplating hiring a lawyer.  I’m always happy to explain the various aspects of the legal system and how we work on these cases in the hopes of making the experience as positive and stress-free as possible.  Feel free to call me at any time to talk about your potential claim.  

Attorney Polich has over 20 years of experience litigating lemon law in Wisconsin and other consumer warranty cases and is a partner at Lawton & Cates, S.C.  You can reach him at (608) 282-6249.  

If Your Lemon Vehicle Is Financed, Keep Making Your Payments | Lemon Law Wisconsin

By Attorney Terrence M. Polich 

When people first call me about a potential lemon law case, sometimes they ask whether they still have to make the payments as required by any financing on the lemon vehicle.  The answer is: Definitely, continue making the payments.

Owning a lemon vehicle is emotionally stressful and it can be a serious financial hardship.  It is tempting to think that if the new vehicle you bought is always in the shop or not running properly, why should you make the monthly payments?

Tempting though it is to stop paying, it is a bad idea.  If you do not continue making the payments, aside from the adverse hit your credit rating will suffer, the finance company could repossess your vehicle.  If the vehicle is repossessed, it may make prosecution of your lemon law claim impossible. 

Sometimes the car manufacturers’ customer service representatives will wrongly tell a consumer to stop making payments on their lemon vehicle.  When they do so, they are unscrupulously trying to make it impossible for the consumer to eventually prosecute a lemon law claim.  For example, in order to initiate a lemon law claim, the consumer must transfer title to the manufacturer in order to obtain a refund or replacement vehicle.  If you do not have the vehicle because it has been repossessed, you cannot transfer title.  

Another good reason to continue making the payments is that the lemon law compensates you for those payments if your claim is successful.  All equity accumulated on the vehicle as well as all interest paid to the finance company is reimbursed to the consumer as part of the lemon law refund, or in monetary damages if the case is successfully litigated.    

Navigating the issues you face when you find that you have bought a defective vehicle can seem overwhelming.  Feel free to give me a call if you have questions about the Wisconsin lemon law or any other aspect of warranty law.  Initial consultations are free and most of the time, there is no fee unless we win. Make sure to check out our website for more information or to contact our Wisconsin lemon law attorneys.

Attorney Polich has over 20 years’ experience litigating lemon law and other consumer warranty cases. 

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What documents do I need for my Lemon Law or Magnuson-Moss Act claim to be evaluated?

There are a number of documents relevant to any Lemon Law or Magnuson-Moss Act claim.  For our review of your case, it is invariably helpful if you can provide us with:

1. The purchase contract; 

2. Warranty handbook; 

3. Owner’s manual; 

4. Any and all financing documents;

5. Repair orders from each repair visit; 

6. Oil change and maintenance records;

7. Any video evidence of the problem(s); and 

8. Any correspondence, including texts, emails and the like related to the problem that you are experiencing with the vehicle.  

After buying a vehicle and as your ownership continues, it is a good idea to keep all of these documents in a safe place so that if you end up having problems with your vehicle, we will have a basis upon which to review your claim.  Often, video evidence, emails and texts are key evidence in these cases.  Of course, the purchase contract, warranty handbook, owner’s manual and repair orders are the “nuts and bolts” of every Lemon Law and Magnuson-Moss case.  

If you are having problems with your car or truck and you think it might be a lemon, call me for a free consultation.  I will review your potential claim at no charge to you. You can read the full Wisconsin lemon law or contact a lemon law lawyers in Wisconsin.    

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What documents do I need for my Lemon Law or Magnuson-Moss Act claim to be evaluated?

There are a number of documents relevant to any Lemon Law or Magnuson-Moss Act claim.  For our review of your case, it is invariably helpful if you can provide us with:

1. The purchase contract; 

2. Warranty handbook; 

3. Owner’s manual; 

4. Any and all financing documents;

5. Repair orders from each repair visit; 

6. Oil change and maintenance records;

7. Any video evidence of the problem(s); and 

8. Any correspondence, including texts, emails and the like related to the problem that you are experiencing with the vehicle.  

After buying a vehicle and as your ownership continues, it is a good idea to keep all of these documents in a safe place so that if you end up having problems with your vehicle, we will have a basis upon which to review your claim.  Often, video evidence, emails and texts are key evidence in these cases.  Of course, the purchase contract, warranty handbook, owner’s manual and repair orders are the “nuts and bolts” of every Lemon Law and Magnuson-Moss case.  

If you are having problems with your car or truck and you think it might be a lemon, call me for a free consultation.  I will review your potential claim at no charge to you. 

We continue to try to bring you the best information. You can read the Wisconsin lemon law or contact one of our lemon law lawyers in Wisconsin.

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Dodge Ram Recall

FCA US has announced a safety recall on some of its 2021 Ram 2500 Pickups, Ram 3500 Pickups, Ram 3500 Cab Chassis, and Ram 4500/5500 Cab Chassis equipped with 6.7L Cummins engines.  

The recall was issued because the vehicles may experience an engine compartment fire originating from an electrical short in the Intake Air Heater Relay.  This can lead to a vehicle fire.  

As of the time of the recall, there is no announced fix for the condition.  

Remember, if your new vehicle has a warranty nonconformity for which it is recalled, you may have remedies available to you under the Lemon Law or the Magnuson-Moss Federal Warranty Act.

If you have questions about your warranty, about a recall, or any other consumer issue involving a vehicle, call or email me today. 

Read more about how our Wisconsin lemon law lawyers can help.

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