If you think your car is a lemon, the most useful thing you can do this week is gather your paperwork. Under California's Song-Beverly Consumer Warranty Act, the questions that decide a case are factual: what you paid, what the warranty covered, how many times the car went in for the same problem, how many days it sat at the dealer, and when the manufacturer was told. Each answer comes from a document.
This guide gives you a printable table of the documents that matter, where to find a replacement if one is missing, and why each one counts. It then explains the repair order rules in Civil Code § 1793.1 and § 1795.6, and how to organize the file before you talk to a lawyer. It is general information as of October 2026, not legal advice about your vehicle.
The checklist
Print this page or keep it on your phone. Copies are fine for now; keep originals safe.
| Done | Document | Where to get it if missing | Why it matters |
|---|---|---|---|
| ☐ | Purchase or lease contract (retail installment sale contract or lease agreement), with every page | The selling dealer's finance office, or your lender or leasing company | Shows the price, taxes and fees, the down payment, the trade-in, any rolled-in negative equity and the add-ons. These are the numbers a buyback starts from, and the contract shows whether it contains an arbitration clause. |
| ☐ | Delivery paperwork: odometer statement, "we owe" slip, window sticker, Buyers Guide on a used car | The dealer's deal jacket; the window sticker can often be reprinted by a franchised dealer from the VIN | Records the delivery date and miles, which start the 18-month and 18,000-mile window, and shows whether a used car was sold "as is" or with a warranty. |
| ☐ | Warranty booklet and owner's manual | The manufacturer's owner website or any franchised dealer | Shows what is covered and for how long, and whether the manufacturer requires you to notify it directly, which is an element of two of the presumption tests. |
| ☐ | Every repair order, from every dealer, including visits where nothing was fixed | Ask each dealer's service department for a printout of your vehicle's service history by VIN | The core of the case. Each one shows the complaint, the date in, the date out, the mileage and what the shop did or did not find. |
| ☐ | Communications: letters, emails, texts, chat transcripts, case numbers with the manufacturer's customer line | Your inbox and phone; ask the manufacturer for your case file by case number | Proves notice to the manufacturer, what you were told, and any offers or refusals. |
| ☐ | Receipts for incidental costs: towing, rental cars, rideshares, out-of-pocket repairs, diagnostic fees | Card and bank statements; rideshare and rental apps keep trip histories | Incidental damages, such as reasonable repair, towing and rental costs, are part of restitution. |
| ☐ | Payment history and payoff letter | Your lender's or leasing company's online account, or a written request | Shows what you have paid, including finance charges, and what is still owed. A buyback refunds payments and pays off the loan. |
| ☐ | Registration and insurance records | DMV renewal notices; your insurer | Registration fees are collateral charges in restitution; insurance records can help show use and ownership dates. |
| ☐ | Photos and video of the problem: warning lights, dashboard messages, noises, leaks, odometer | Your phone's camera roll; dash cam files | Answers "could not duplicate," and the timestamp and odometer shot tie the problem to a date and mileage. |
| ☐ | Recall notices and service bulletins | Mail from the manufacturer; NHTSA's recall search by VIN | Shows whether the problem is a known issue and whether recall repairs on the same part have been tried. |
| ☐ | NHTSA complaint confirmation, if you filed one | The confirmation email from NHTSA | A dated record, in your own words, of a safety problem. It is not a repair attempt. |
| ☐ | Your own log: dates, symptoms, who you spoke to, days without the car | Start one today from the documents above | Puts the timeline in one place and helps count days out of service. |
Repair orders: the documents that decide most cases
Most lemon law cases are won or lost on repair orders. They show the number of opportunities the manufacturer had to fix the same problem and the number of days the car was out of service. Our guide on how many repair attempts make a lemon explains how those counts are used; this section is about getting the paper itself.
What § 1793.1 says the shop must give you
Under Civil Code § 1793.1(a)(2), every work order or repair invoice for warranty service must carry a notice in 10-point boldface type. The notice tells you, among other things, that the warranty period is extended for the number of whole days the product was out of your hands for warranty repairs, and that if a defect exists within the warranty period, the warranty does not expire until the defect has been fixed. The section also says a copy of the work order or invoice, and any attachment, must be given to the buyer at the time the warranty service or repairs are made.
Section 1793.1 does not itself list what the description of the problem must say. That is why your own words matter. When you drop the car off, tell the advisor exactly what happens and when, and read the complaint line before you sign. "Customer states transmission slips from 2nd to 3rd when warm, warning light on" is far more useful than "check noise."
The date you got the car back
Civil Code § 1795.6 requires repair work orders to show the date the vehicle was returned to you. Check that date on every order. Those in-and-out dates are what prove the more-than-30-days test in the lemon law presumption and any violation of the 30-day repair rule in § 1793.2(b).
When the dealer will not write anything up
If the advisor says there is nothing to write up, ask for a repair order anyway. A visit where the technician could not duplicate the problem can still count as an opportunity to repair, but only if you can prove it happened. If the dealer refuses, send a short email the same day: the date, the mileage, the problem you reported, the advisor's name and what you were told. Keep the reply.
Missing repair orders
Lost a few? Ask each dealer you visited, in writing, for copies of every repair order for your VIN. A lawyer can also request the manufacturer's warranty history once a claim is underway.
Contract and payment records
A buyback, or "restitution," is calculated from the money side of the deal. Under Civil Code § 1793.2(d)(2)(B), it covers the actual price paid or payable, including transportation charges and manufacturer-installed options, plus collateral charges such as sales tax, license and registration fees, plus incidental damages. To check any offer against that, you need:
- the full contract, including the itemization page that lists the cash price, add-ons, service contracts, GAP and any trade-in figures;
- a payment history from the lender showing what you paid and how much went to interest;
- a current payoff letter;
- for a lease, the lease agreement and the lessor's payoff statement.
How the loan or lease is handled in a buyback is covered in our guide to car loan payments during a lemon law claim. To see what the numbers might add up to, try the lemon law buyback calculator.
Communications and notice to the manufacturer
Two of the three presumption tests in Civil Code § 1793.22(b) include a requirement that you directly notified the manufacturer, if the manufacturer clearly disclosed that requirement in the warranty or owner's manual. Keep:
- the letter or email you sent, with the address you used and proof of sending;
- case or reference numbers from customer relations calls, with the date and the name of the person you spoke to;
- any written response, including "goodwill" offers, extended warranty offers or trade-in "assists."
Do not sign a goodwill agreement, release or trade-in deal before someone has read it. Our guide to buyback and cash-and-keep offers explains what to look for.
Receipts for incidental costs
Restitution includes incidental damages. The statute lists reasonable repair, towing and rental car costs actually incurred. Keep receipts for towing, rental cars and rideshares while the car was in the shop, and for any repair or diagnostic bill you paid yourself for the same problem. An independent shop's receipt is not usually a repair attempt, but it is still evidence. Note the date and mileage on each receipt if they are not printed.
Photos, video and NHTSA records
Intermittent problems may not show up on a test drive. A short video with the odometer and the warning message in frame, or a recording of the noise, can answer "could not duplicate." Keep the original files.
You can check recalls for your VIN on NHTSA's recall page, and our recall and complaint lookup shows recalls and owner complaints for your model. If the problem is a safety issue, you can also report it on NHTSA's Report a Safety Problem page. Save the confirmation. An NHTSA complaint creates a dated record of the problem in your words, but it is not notice to the manufacturer and it is not a repair attempt.
How to organize the file
- One folder, by date. Put repair orders in date order, oldest first. Scan or photograph each page, including the back, where the § 1793.1 notice is often printed.
- A one-page timeline. For each visit: date in, date out, mileage, problem reported, result. Add a running total of days out of service.
- Group by symptom. Mark which visits were for the same problem. The law counts attempts on the "same nonconformity," meaning the same symptom, even when the shop replaced different parts.
- Do not throw anything away. Let a lawyer decide what matters.
For the full step-by-step picture of what to do while the car is still breaking down, see my car keeps breaking down: what to do.
Send it to us
LaCour Trial Lawyers reviews California lemon law claims statewide, in English and Spanish. You do not need every document to start. Send what you have, and we can tell you what is missing and how to get it. Under Civil Code § 1794(d), a buyer who prevails recovers attorney's fees and costs from the manufacturer. Start with a free, confidential review.
Frequently asked questions
What documents do I need for a lemon law claim in California?
The most important are your purchase or lease contract, the warranty booklet, every repair order from every dealer, your communications with the manufacturer, and your payment history and payoff letter. Receipts for towing and rentals, photos or video of the problem, and recall notices help too.
What if I lost some of my repair orders?
Ask each dealer you visited for a printout of the service history for your VIN, in writing. Franchised dealers can usually print warranty repair history, and the manufacturer keeps records of warranty claims its dealers submit. A lawyer can request those records as part of a claim.
Does the dealer have to give me a copy of the repair order?
Yes, for warranty repairs. Civil Code § 1793.1(a)(2) requires that a copy of the work order or repair invoice, and any attachment, be given to the buyer at the time warranty service or repairs are made. Civil Code § 1795.6 requires repair orders to show the date the vehicle was returned to you.
Do I need a repair order if the dealer could not find the problem?
Yes. A "could not duplicate" visit can still count as an opportunity to repair, but you need proof the visit happened and what you reported. If the dealer will not write one up, send an email the same day with the date, mileage, problem and advisor's name.
Should I keep receipts for rental cars and rideshares?
Yes. Under Civil Code § 1793.2(d)(2)(B), restitution includes incidental damages, which the statute says include reasonable repair, towing and rental car costs actually incurred. Keep each receipt with the date and, if you can, the repair order it relates to.
Does filing an NHTSA complaint count as a repair attempt?
No. A complaint to NHTSA is a dated public record of a safety problem, which can be useful, but it is not an opportunity for the manufacturer to repair the car and it is not the direct notice some warranties require. Keep taking the car to an authorized dealer.
Sources
- California Civil Code § 1793.1 (warranty work orders and repair invoices), accessed October 2026
- California Civil Code § 1795.6 (warranty tolling and repair return dates), accessed October 2026
- California Civil Code § 1793.2 (repair duties, restitution, incidental damages), accessed October 2026
- California Civil Code § 1793.22 (Tanner Consumer Protection Act presumption), accessed October 2026
- California Civil Code § 1794 (damages, civil penalty, attorney's fees), accessed October 2026
- National Highway Traffic Safety Administration, "Recalls," accessed October 2026
- National Highway Traffic Safety Administration, "Report a Safety Problem," accessed October 2026
This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.