How to file a lemon law claim in seven steps
Follow these steps in order. Skipping one, especially written notice, is the most common reason claims are delayed or denied.
- Confirm you qualifyCompare your repair orders with your state’s test. Our free lemon law test for your car does this with your own dates.
- Find your deadlineWrite it down and work back from it. Deadlines run from delivery, not from the first breakdown.
- Gather your recordsPurchase or lease contract, warranty booklet, every repair order, rental and towing receipts, and a short timeline of events.
- Send written noticeTo the manufacturer at the address in the warranty booklet, by trackable mail, with copies (never originals) of your repair orders.
- Allow the final repair attemptTake the vehicle where the manufacturer directs and get a repair order for that visit too.
- File with the right forumUse the table below. Fill in every field and attach your documents; incomplete forms are often returned.
- Prepare for mediation or a hearingBring your documents in date order and explain, in a few minutes, how the defect affects driving, value or safety.
Where to file in Texas, California and Florida
Where you file depends on your state. This table shows the forum, the cost and how quickly each one usually decides.
| State | Forum | Cost | Decision time |
|---|---|---|---|
| Texas | TxDMV Lemon Law complaint (online or by mail) | $35 | Within 60 days after the hearing closes |
| California | Manufacturer’s state-certified arbitration program, then court | Free (arbitration) | Generally within 40 days |
| Florida | Attorney General screening, then the New Motor Vehicle Arbitration Board | Free | Hearing within 40 days, decision within 60 days of approval |
| Other states / federal | Manufacturer program under FTC Rule 703 (such as BBB AUTO LINE), then court | Free to owners | Within 40 days |
Each state guide has the official forms: how to file in Texas walks through the $35 TxDMV complaint.
Which documents to file with your claim
A program decides your claim mostly from paper. These are the documents to collect, and why each one matters.
| Document | Why it matters |
|---|---|
| Purchase or lease contract | Proves the price, the delivery date and who owns the vehicle |
| Warranty booklet | Shows what is covered and where to send notice |
| Every repair order | The main evidence of each repair attempt and of days out of service |
| Written notice and proof of mailing | Required in many states before relief is ordered |
| Receipts for towing, rentals and other costs | Supports incidental costs in a refund |
| Photos or video of the defect | Shows a problem the dealer could not reproduce |
Print the lemon law records checklist and tick items off as you gather them.
Where to file in other states
Outside Texas, California and Florida, the filing route can look quite different. Here are five more state programs.
| State | Program | Cost | Key timing |
|---|---|---|---|
| Georgia | State-operated arbitration through the Consumer Protection Division | Free | Apply within 12 months after the 24-month / 24,000-mile rights period ends |
| Massachusetts | State-run arbitration (all or nothing) or the manufacturer’s program | See Mass.gov | Decision generally within 45 days of acceptance; manufacturer pays or appeals within 21 days |
| New York | State lemon law arbitration program, run by NYSDRA for the Attorney General | $250 for a new car, refunded if you win | Hearing about 45 days after payment; award usually within 5 days |
| Washington | State arbitration after a written repurchase or replacement request | Free | Request within 30 months of delivery; manufacturer has 40 days to respond to your request |
| New Hampshire | New Motor Vehicle Arbitration Board at the DMV | See NH DMV | Choosing the manufacturer’s program first rules out the state board |
Filing mistakes that delay or sink a claim
These are the filing errors that cost owners the most time, and in some cases their claim.
- Filing with the dealer. A complaint at the service desk is not a lemon law claim.
- Skipping a required program. Michigan and California require a qualifying manufacturer program first in some cases; New Hampshire bars the state board if you pick the manufacturer’s program.
- Stopping payments. Late loan or lease payments create a new problem and do not pause your obligation.
- Selling or trading in the car. A refund or replacement requires returning the vehicle.
- Missing documents. Programs return incomplete applications, which costs time against your deadline.
What happens after you file a lemon law claim?
Filing starts a short process. Here is what usually happens between your application and a decision.
- Screening. The program checks eligibility. Florida’s Attorney General screening takes about 20 days.
- Mediation or a settlement offer. Texas case advisors try mediation first; BBB AUTO LINE also starts with mediation. Many claims settle here.
- Inspection. The manufacturer may inspect or test-drive the vehicle.
- Hearing. Usually informal: each side explains its case, shows documents and answers questions.
- Decision. A written decision: repurchase, replacement, repair or denial. Under FTC Rule 703 and in California certified programs you can reject it and go to court.
Frequently asked questions
How do I start a lemon law claim?
Collect your repair orders, confirm they meet your state’s test, send written notice to the manufacturer, then file with your state program, the manufacturer’s arbitration program or a court before the deadline.
Can I file a lemon law claim without a lawyer?
Yes. The Texas DMV complaint and Florida’s Arbitration Board are built for owners, and certified arbitration in California and BBB AUTO LINE are free. A lawyer helps most if the claim is denied or goes to court.
What do I need to file a lemon law claim?
Your purchase or lease contract, warranty booklet, every repair order, your written notice and proof of mailing, receipts for costs caused by the defect, and the forum’s claim form.
How do I file a lemon law claim in California?
Check whether your manufacturer runs a state-certified arbitration program and use it first if you were told about it in writing; it is free and usually decides within 40 days. If arbitration fails, you can sue under the Song-Beverly Act.
How long does a lemon law claim take after filing?
Most programs decide within about 40 to 60 days after a claim is accepted. Add time for the final repair attempt, screening and the manufacturer’s compliance.
What can you do if a dealership sells you a lemon car?
If the car is new, your claim is against the manufacturer under your state lemon law. If it is used, look at the factory warranty that remains, any dealer warranty, your state’s used-car law (New York has one) and fraud or misrepresentation law. Keep every document from the sale.
What are the chances of winning a lemon law case?
No official source publishes a national win rate. Your odds depend on evidence: repair orders that describe the same defect, a state presumption test you meet inside the window, written notice where required, and a claim filed on time. Meeting a presumption shifts the burden to the manufacturer.
Sources
Checked on October 12, 2026. Read how we verify every rule in our editorial policy.
- TxDMV: Texas Lemon Law
- TxDMV: Office of Administrative Hearings
- California DCA Arbitration Certification Program: FAQs
- Florida Statutes, Chapter 681 (Lemon Law)
- Florida AG: How to submit the Request for Arbitration
- BBB National Programs: How BBB AUTO LINE works
- 16 C.F.R. § 703.5, operation of the dispute mechanism
- Georgia Consumer Protection Division: Georgia Lemon Law
- Mass.gov: Apply for Lemon Law Arbitration
- NYSDRA: New York Lemon Law Arbitration Program
- Washington Attorney General: General Lemon Law
- New Hampshire DMV: New Motor Vehicle Arbitration Board
- Michigan Department of Attorney General: Michigan’s Lemon Law