How Long Does It Take To Resolve A Lemon Law Case In Michigan? 

If you’ve purchased a vehicle in Michigan that has significant defects, you may be entitled to a refund or replacement under the state’s lemon law. This law protects consumers from vehicles that fail to meet standards of quality and performance. A common question we receive from clients is, “How long does it take to resolve a lemon law case?” The answer can range from as little as 30 days to as long as two years. The timeline for each case is unique and depends on several factors. The Liblang Law Firm P.C. helps you explore the typical stages of a Michigan lemon law case to give you a clearer understanding of the process and what to expect.

What Happens Before a Lawsuit Is Filed?

The first stage of any lemon law case is the pre-litigation phase. This is where the groundwork is laid for a potential lawsuit.

• Notice to the Manufacturer: Before you can file a lawsuit, Michigan law requires that you provide written notice to the vehicle’s manufacturer. This notice informs them of the ongoing defects and gives them one final opportunity to repair the vehicle. This is a critical step in the process.
• Negotiations: In many instances, the process begins with negotiations between your attorney and the manufacturer. While most lemon law cases are settled out of court, these initial negotiations may or may not lead to a resolution. If a fair settlement cannot be reached, the next step is to file a lawsuit.

What Does the Litigation Process Involve?

If pre-litigation negotiations are unsuccessful, your attorney will initiate a lawsuit. The litigation phase follows a structured timeline set by the court.

How is a Lemon Lawsuit Started?

Litigation officially begins when your attorney files a “complaint” with the court. This legal document details the defects with your vehicle, the repair history and why the manufacturer is legally responsible. The manufacturer then has 28 days to file an “answer” responding to the allegations.

Following the defendant’s answer, your legal team must submit “initial disclosures.” These disclosures provide a summary of your claims, a list of potential witnesses and an estimate of damages.

How Long Does Evidence Gathering Take?

After the initial filings, the case enters the “discovery” phase, which can last about six months. During this period, both sides gather evidence to build their cases. This can involve:

• Written questions (interrogatories)
• Requests for documents, such as repair records
• Depositions, which are out-of-court testimonies given under oath

This is often the longest part of the litigation process. The court will issue a “scheduling order” that sets deadlines for discovery and other key events.

What is Case Evaluation?

In Michigan, most lemon law cases filed in Circuit Court are required to go through a process called “case evaluation.” This usually occurs about nine months after the lawsuit is filed. A neutral panel of three attorneys reviews the case and recommends a settlement amount, or an “award.” If both parties accept, the case is settled. If either party rejects it, the case proceeds toward trial, but there can be financial penalties for rejecting an award and failing to secure a better result at trial.

Will My Case Go to Trial?

The vast majority of Michigan lemon law cases settle before reaching trial. A settlement can occur at any point in the process, from pre-litigation negotiations to right before a trial is set to begin. A trial is only necessary if a fair settlement cannot be agreed upon.

If your case does go to trial, your attorney will present evidence and arguments to a judge or jury to prove that your vehicle is a “lemon” under Michigan law.

What Factors Can Affect the Timeline?

Several variables can influence how long it takes to resolve your lemon law case:

• Case Complexity: A straightforward case with clear, well-documented defects may resolve faster than a more complex one.
• Manufacturer’s Response: A manufacturer willing to negotiate a fair settlement can significantly shorten the timeline. If they are unresponsive or contest the claim, the process will take longer.
• Court Schedules: The court’s availability and backlog can affect how quickly your case moves through litigation, from scheduling hearings to setting a trial date.

Secure the Advocacy You Deserve

Navigating Michigan’s lemon law can be a lengthy and complex process. Having an experienced attorney on your side is crucial to ensuring your rights are protected and that you receive the compensation you deserve as efficiently as possible. At The Liblang Law Firm, P.C., we have the process down to a science. Our attorney knows the efficient path to pursuing the maximum possible settlement for our clients. If you believe you have a lemon, contact us today for a free case review.