Once a consumer has filed a complaint with the Board, a set of procedures are conducted to screen and process the complaint. The first step is the review of the complaint as done by the staffers of the Board. The intent of the review is simple, and that is to check if the complaint has satisfied the requirements as set by the Texas Motor Vehicle Commission Code.

How the complaint is reviewed

The Board is composed of staffers who are in charge in determining if the complaint has satisfied the requirements as set by the Texas Motor Vehicle Commission. Not all the times that the complaint filed may be approved by the body for resolution. There are some instances that the complaint will be dismissed on some grounds. When this scenario happens, there are a number of things that can happen. One, the staffers will contact the complainant and inform the person that the complaint was put on hold. Also, if the staffers have found out that the complaint was insufficient in form then they would normally contact the complainant and ask for other supporting information that can help improve the substance of the complaint filed.

The moment all the details and data have been collated and a substantial complaint has been developed then that is the time that the Board will notify the manufacturer, dealer or the distributor. A copy of the complaint will be mailed to the Office of the manufacturer or the dealer. A response on the said complaint will be expected by the Board. Other copies of the complaint will be reproduced as well and these copies will be distributed to the dealers and other players who have been involved in the complaint and whose response will prove helpful in the resolution of the complaint.

Applicability of settlement

After the case has been reviewed, it is incumbent upon the Board to note if the complaint can be settled out of the court. If the possibility is seen, it is the Board that makes the necessary moves in order to call on the dealers, manufacturer and the complainant to sit down and talk about a possible mediation and settlement. If a settlement is farfetched then that is the time when the next phase is undertaken- the hearings.

Hearings

Once the complaint has satisfied the requirements of the Texas laws, then hearings will be set and a notification will be sent detailing the date, the time and the place of the hearing. The notification letter will be distributed to all actors in the said complaint. There are a number of rules that are often followed and in place that governs the conduct of hearings:

1. Depending on the availability of funds, the hearings may be set in the area where the complainant resides.

2. Hearings are often scheduled as early as possible, and often there is a lead time of 10 days after the notification letter has been sent.

3. Hearings are expected to be informal without the assistance of lawyers, but both parties are given the opportunity to employ the services of the lawyers if necessary.

4. And in aid of the hearings, the Board may inspect and check the vehicle in question. But such inspection should be done after both parties have been informed.

These hearings are conducted with governing rules and these must be satisfied. And if the hearings will last more than 150 days, then the complainant has the right to file a civil action in the state district court.

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Author Bio: Seomul evans is a Website Marketing consultant for Texas lemon law attorneys.

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