How to File a Lemon Law Claim

The short answer

Gather every repair order, send the manufacturer written notice and allow a final repair, then file with the right forum before your deadline: a state agency (the Texas DMV), a state arbitration board (the Florida Attorney General’s program), a manufacturer’s certified arbitration program (California) or a court. State programs are designed for owners, and you can file without a lawyer.

Once a car meets your state’s test, the next question is practical: where do you actually file, and what do you send? Many owners lose time by complaining to the dealer, filing in the wrong place, or missing a step their state requires.

Filing follows the same order almost everywhere: gather every repair order, send written notice to the manufacturer and allow a final repair, then file with the right forum before your deadline. That forum might be a state agency (the Texas DMV, with a $35 fee), a free state arbitration board (Florida, Georgia, Washington), a manufacturer’s arbitration program such as BBB AUTO LINE, or a court.

This guide gives the seven filing steps, the forum, cost and decision time in each state we have verified, the documents to include, what happens after you file, and the mistakes that delay claims. It is part of our guide to how the lemon law works.

Texas fee
$35
Florida fee
Free
California arbitration
Free
Typical decision
40–60 days

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.

  1. 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.
  2. Find your deadlineWrite it down and work back from it. Deadlines run from delivery, not from the first breakdown.
  3. Gather your recordsPurchase or lease contract, warranty booklet, every repair order, rental and towing receipts, and a short timeline of events.
  4. Send written noticeTo the manufacturer at the address in the warranty booklet, by trackable mail, with copies (never originals) of your repair orders.
  5. Allow the final repair attemptTake the vehicle where the manufacturer directs and get a repair order for that visit too.
  6. File with the right forumUse the table below. Fill in every field and attach your documents; incomplete forms are often returned.
  7. 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.

Where to file a lemon law claim
StateForumCostDecision time
TexasTxDMV Lemon Law complaint (online or by mail)$35Within 60 days after the hearing closes
CaliforniaManufacturer’s state-certified arbitration program, then courtFree (arbitration)Generally within 40 days
FloridaAttorney General screening, then the New Motor Vehicle Arbitration BoardFreeHearing within 40 days, decision within 60 days of approval
Other states / federalManufacturer program under FTC Rule 703 (such as BBB AUTO LINE), then courtFree to ownersWithin 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.

Lemon law claim document checklist
DocumentWhy it matters
Purchase or lease contractProves the price, the delivery date and who owns the vehicle
Warranty bookletShows what is covered and where to send notice
Every repair orderThe main evidence of each repair attempt and of days out of service
Written notice and proof of mailingRequired in many states before relief is ordered
Receipts for towing, rentals and other costsSupports incidental costs in a refund
Photos or video of the defectShows 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 lemon law programs outside TX, CA and FL
StateProgramCostKey timing
GeorgiaState-operated arbitration through the Consumer Protection DivisionFreeApply within 12 months after the 24-month / 24,000-mile rights period ends
MassachusettsState-run arbitration (all or nothing) or the manufacturer’s programSee Mass.govDecision generally within 45 days of acceptance; manufacturer pays or appeals within 21 days
New YorkState lemon law arbitration program, run by NYSDRA for the Attorney General$250 for a new car, refunded if you winHearing about 45 days after payment; award usually within 5 days
WashingtonState arbitration after a written repurchase or replacement requestFreeRequest within 30 months of delivery; manufacturer has 40 days to respond to your request
New HampshireNew Motor Vehicle Arbitration Board at the DMVSee NH DMVChoosing 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.

  1. TxDMV: Texas Lemon Law
  2. TxDMV: Office of Administrative Hearings
  3. California DCA Arbitration Certification Program: FAQs
  4. Florida Statutes, Chapter 681 (Lemon Law)
  5. Florida AG: How to submit the Request for Arbitration
  6. BBB National Programs: How BBB AUTO LINE works
  7. 16 C.F.R. § 703.5, operation of the dispute mechanism
  8. Georgia Consumer Protection Division: Georgia Lemon Law
  9. Mass.gov: Apply for Lemon Law Arbitration
  10. NYSDRA: New York Lemon Law Arbitration Program
  11. Washington Attorney General: General Lemon Law
  12. New Hampshire DMV: New Motor Vehicle Arbitration Board
  13. Michigan Department of Attorney General: Michigan’s Lemon Law

LemonLawMap provides general information about state lemon laws, not legal advice. We are not a law firm and no attorney-client relationship is formed by using this site. Read our full disclaimer.