What Happens When I Call a Lemon Law Attorney?

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

The Short Answer

What the Attorney Will Likely Ask

• Year, make and model of the vehicle, and whether it was new, used or leased
• Where and when you bought or leased it
• What the problem is and when it first started
• How many times the dealer has worked on it
• How many total days the car has been in the shop
• Current mileage and mileage at the first repair visit
• Whether you have talked to the manufacturer directly

The First Few Minutes of the Call

The call usually starts simply. You give your name, the car, and a quick description of what is wrong. Many people apologize for not having every detail. You do not need to. The attorney is used to piecing together a story from memory and partial records.

At our firm, you speak directly with an attorney. That matters because the questions that follow are legal questions. Was the car sold new? Was it covered by the manufacturer's new car warranty? Is the defect the kind that substantially impairs use, value or safety? Those are judgment calls, and you want someone trained to make them.

Expect the attorney to listen first. Telling your story in your own words gives the attorney a sense of how the problem affects your daily life. Then the questions get more specific. It is normal for the attorney to ask you to estimate dates, mileage or how long the car sat at the dealer.

Be honest about everything, including facts you worry about. Maybe you missed an oil change, added an aftermarket part, or had an accident. These do not automatically end a claim, but the attorney needs to know them to give you a straight answer.

The Questions That Shape Your Case

Most of the questions trace back to a few parts of the law. Under Civil Code 1793.2(d)(2), the manufacturer must replace or repurchase a vehicle when it or its dealers cannot fix a covered defect after a reasonable number of attempts. So the attorney needs to know what the defect is, whether it was covered by warranty, and how many chances the dealer had.

The attorney will also check whether your history fits the Tanner Act presumption in Civil Code 1793.22(b). Within 18 months or 18,000 miles, a reasonable number of attempts is presumed if a defect likely to cause death or serious injury was repaired two or more times, the same defect was repaired four or more times, or the car was out of service more than 30 days total. That presumption is helpful but not required.

Vehicle type matters as well. The lemon law covers new vehicles, leased vehicles, and other vehicles sold with the manufacturer's new car warranty, like dealer-owned and demonstrator cars. Business vehicles can be covered if the business has no more than five vehicles registered in California and the vehicle is under 10,000 pounds gross vehicle weight (Civil Code 1793.22(e)(2)).

• What is the defect, and does it affect use, value or safety?
• Was it covered by the manufacturer's warranty when it started?
• How many repair attempts, and at which dealers?
• How many days out of service in total?
• New, used, certified pre-owned, leased or business?

What Happens if the Facts Look Promising

If your situation fits, the attorney will usually ask for documents. The most important are the repair orders from every dealer visit and the sales or lease contract. Photos or scans are fine at this stage. The attorney uses these to confirm what was reported, when, and what the dealer did.

Repair orders often tell a different story than memory. Sometimes there are more visits than you remembered, or the dealer wrote the complaint in a way that connects several visits to the same defect. Sometimes the opposite is true. Either way, the documents decide the next step.

If the documents support a claim, the firm will explain how representation works and give you an agreement to review. You pay $0 out of pocket. Under Civil Code 1794(d), the manufacturer pays attorney fees, costs and expenses when you win. With our firm, if we lose, you owe us nothing, and we never go after a client for fees.

If something is missing, the attorney will tell you how to get it. That might mean asking the dealer for copies, checking an online owner account, or simply waiting until after your next repair visit.

What Happens if It Is Not a Lemon Law Case

Not every car problem is a lemon law case, and a good attorney will tell you so. Common reasons include a defect that was fixed and has not come back, a problem caused by an accident or outside damage, or a car bought used without coverage that the lemon law reaches.

Used cars are a frequent example. In Rodriguez v. FCA US LLC (2024), the California Supreme Court held that a used car sold with only the leftover balance of the manufacturer's warranty is generally not a "new motor vehicle" under the lemon law's vehicle section. That does not mean used buyers are out of luck. They may still have claims under a dealer or certified pre-owned warranty, the implied warranty, or federal warranty law.

Sometimes the answer is "not yet." If the dealer has had only one chance at a non-safety problem, the attorney may suggest giving the dealer another try and calling back if it fails. In that case, the call still helps, because you will know what to watch for and how to document it.

Either way, you leave the call with a clearer picture than you had before, and it costs you nothing.

Example: Walking Through a First Call

This is a made-up example to show the process, not a real case. Marcus bought a new pickup in California. Around 9,000 miles, the transmission started slamming into gear at low speeds. The dealer replaced a part, then reprogrammed the transmission, then kept the truck for two weeks waiting for another part.

Marcus called a lemon law attorney. He said he had three repair orders in his glove box and thought there might be a fourth. The attorney asked when the first visit happened, how many total days the truck had been in the shop, and whether the problem had ever caused a near miss in traffic.

Marcus explained that the truck once lurched forward at a stop sign. The attorney noted that a defect likely to cause serious injury can trigger the two-repair presumption, and that a software reprogramming done to fix the problem can count as a repair attempt. He asked Marcus to send photos of all repair orders and the sales contract.

Two days later, Marcus sent the documents. The attorney confirmed four visits for the same complaint and explained what would happen next. The example shows how a first call turns a frustrating story into a list of concrete next steps.

Questions You Should Ask the Attorney

A first call is also your chance to size up the attorney. You are deciding whether you want this person handling your claim. Asking questions is normal, and the answers should be clear and direct.

Ask who will handle your case day to day, and how you will get updates. Ask whether you will owe anything if the case does not succeed. Ask what the firm needs from you, and what you should keep doing, like making loan or lease payments and taking the car to the dealer for warranty repairs.

You can also confirm that any California attorney is licensed through the State Bar of California. A licensed attorney will give you a bar number if you ask.

Pay attention to how the attorney answers. Clear explanations, honest limits, and no pressure to sign on the spot are good signs. Promises of a specific amount or a firm date before anyone has read your repair orders are not.

• Who will work on my case, and how do I reach them?
• Will I owe anything if we lose?
• What documents do you still need from me?
• What should I say at my next dealer visit?
• Should I keep driving the car and making payments?

What the Call Does Not Do

It helps to know the limits of a first call, so nothing catches you off guard. Calling an attorney does not file a lawsuit, and it does not notify the manufacturer or the dealer. It is a private conversation. Nothing happens with your car or your claim unless you decide to move forward and sign an agreement.

A first call also cannot give you a final answer on value or timing. Restitution under Civil Code 1793.2(d)(2)(B) is based on the price paid or payable, collateral charges like sales tax and registration, and incidental damages, minus a mileage offset. The offset under Civil Code 1793.2(d)(2)(C) depends on the miles driven before you first took the car in for the problem. Those numbers come from documents, not memory, and every case is different.

The call does not lock you in either. You are free to talk to more than one attorney before deciding, and you are free to decide not to pursue anything. Some people call simply to learn their rights before the next dealer visit, and that is a perfectly good reason.

What the call does do is replace guesswork with a plan. You will know whether to keep giving the dealer chances, what to collect, and what to avoid signing. For many people, that clarity alone makes the call worth it.

What to Do Before and After the Call

1. Before the call, find your repair orders and the purchase or lease contract if you can.
2. Jot down the dates of dealer visits and the main symptoms, in plain words.
3. During the call, answer honestly, including things that might seem bad for your case.
4. Ask what documents the attorney still needs and how to send them.
5. After the call, send the documents promptly and keep using the dealer for warranty repairs.
6. Call 877-536-6620 for a free case review if you have not called yet.

Key Facts (as of October 2026)

• Within 18 months or 18,000 miles, a reasonable number of repair attempts can be presumed under Civil Code 1793.22(b).
• The buyer does not have to prove the exact technical cause of the defect (Oregel v. American Isuzu Motors, 2001).
• A buyer who wins recovers attorney fees, costs and expenses from the manufacturer (Civil Code 1794(d)).

Talk to a Lemon Law Attorney Today

You speak directly with an attorney. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you honestly whether you have a case. The review is free. You pay $0 out of pocket: the manufacturer pays the attorney fees when you win, and if we lose, you owe us nothing.

What Our Clients Say on Google

“I was actually able to speak directly with an attorney and the owner of the law firm. He took the time to clearly explain the Lemon Law process, organized everything step by step, and made sure I fully understood my options.”

Brandon R. · Lemon law client · 5-star Google review

“We stayed on the phone for over 30 minutes. He didn't try to rush me off or give me generic answers; he listened to every detail of my situation and walked me through exactly how the California Lemon Law works.”

Pauniz Z. · Lemon law client · 5-star Google review

“Although it turned out that my vehicles did not quite meet the legal criteria, the level of service I received was outstanding. He will give you an honest assessment of your situation.”

Nick · VW ID.4 owner · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

How long does a first call with a lemon law attorney take?

It varies with the facts, but most first calls are a focused conversation rather than a long meeting. If documents are needed, the review continues once you send them.

Do I need my repair orders before I call?

No. They help, but you can call first and get them afterward. The attorney will tell you which ones matter most.

Will calling an attorney upset the dealer or manufacturer?

A private call with an attorney is between you and the attorney. The manufacturer only hears from the firm if you decide to move forward.

Can I call if I am not sure my problem is a defect?

Yes. You do not have to prove the exact technical cause of the problem, and the attorney can help you figure out whether it looks like a warranty defect.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1794 (California Legislature)
• State Bar of California
• California Department of Consumer Affairs: California's Lemon Law Q&A
• California Department of Consumer Affairs: New Lemon Law Procedures (AB 1755)
• California Attorney General: Buying and Maintaining a Car

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

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Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.