Consumers who are stuck with a lemon vehicle often want to know if they have to keep making their vehicle payments while their California lemon law lawsuit is pending. The answer to this question is yes. There is nothing in the California lemon law that permits a lemon car buyer to quit making his or her payments while the court determines whether or not a consumer is entitled to a California lemon law buyback.
Moreover, failing to make payments will likely result in the vehicle being repossessed by the selling dealership (or the finance company or bank that purchased your vehicle purchase contract from the selling dealership). Regardless of whether your vehicle qualifies as a lemon, if your vehicle is repossessed this will likely result in you being forced to pay substantial repossession-related charges. It can also damage to your credit rating. Accordingly, if you file a lawsuit that contains only a California lemon law claim, you must continue making all scheduled payments until the lawsuit is resolved and you receive a lemon law buyback.
Some Types of Legal Claims Against the Selling Dealership MAY Permit a Lemon Vehicle Owner to Withhold Payments
Although the California lemon law’s rules do not permit consumers to withhold payments during a lawsuit seeking a lemon law buyback, there are some types of California auto fraud and breach of warranty claims that, if properly asserted against the dealership that sold the lemon vehicle, can permit consumers to stop making payments on their lemon vehicles while a lawsuit is pending.
Thus, it is always a good idea to have an expert California lemon law attorney review your transaction for various types of auto fraud committed by the selling dealership. If you have a California lemon law claim against the manufacturer AND the right type of auto fraud claim against the selling dealership, then you may be permitted to stop making payments while your California lemon law lawsuit is pending.
Call a California Lemon Law Attorney if You Want to Find Out Whether You Can Withhold Payments
If you want to find out whether you possess the type of claims against the selling dealership that would permit you to withhold payments during a California lemon law lawsuit, then you need to call an expert California lemon law attorney, who is also an expert in California auto fraud lawsuits. DO NOT UNDER ANY CIRCUMSTANCES BEGIN WITHHOLDING PAYMENTS WITHOUT FIRST SEEKING LEGAL ADVICE FROM AN ATTORNEY.
The Vachon Law Firm has expertise in California lemon law and California auto fraud lawsuits. Call 1-855-4-LEMON-LAW (1-855-453-6665) to find out if you have a California lemon law claim, and to check and see if you also have an auto fraud claim that might permit you to withhold payments while your California lemon law lawsuit is pending. California lemon law consultations are always FREE!!
- Back to California Lemon Law Info Page