Lemon Law Complaint

I. DOCUMENT HEADER

IN THE [CIRCUIT/DISTRICT] COURT OF [___] COUNTY, ALABAMA
___________________________

[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Civil Action No.: [___]
)
[DEFENDANT MANUFACTURER NAME], )
[DEFENDANT DEALER NAME], )
Defendants. )
)

VERIFIED COMPLAINT FOR DAMAGES, EQUITABLE RELIEF,
AND JURY DEMAND – ALABAMA MOTOR VEHICLE WARRANTY RIGHTS ACT

Effective Date of Filing: [MM/DD/YYYY]  
Governing Law: Alabama Motor Vehicle Warranty Rights Act (“AMVWRA”), Ala. Code §§ 8-20A-1 et seq.  
Forum: State Court of Alabama (see § 8-20A-8).  
Arbitration/Informal Dispute Settlement: Addressed in ¶ 30 below.  

# II. DEFINITIONS
For purposes of this Complaint, the following terms shall have the meanings set forth below (capitalized terms apply throughout Counts I–IV):

• “Act” – the Alabama Motor Vehicle Warranty Rights Act, Ala. Code §§ 8-20A-1 et seq.  
• “Consumer” – as defined in § 8-20A-1(1); herein, Plaintiff.  
• “Motor Vehicle” – as defined in § 8-20A-1(2); herein, the [YEAR/MAKE/MODEL/VIN] purchased by Plaintiff.  
• “Nonconformity” – any defect or condition that substantially impairs the use, market value, or safety of the Motor Vehicle (§ 8-20A-1(3)).  
• “Reasonable Number of Attempts” – the repair threshold in § 8-20A-3(b).  
• “Manufacturer’s Program” – any informal dispute settlement procedure established pursuant to 16 C.F.R. Part 703 and certified by the Alabama Attorney General under § 8-20A-4(c).
<!-- GUIDANCE:  Add or delete definitions as needed; maintain alphabetical order. -->

# III. OPERATIVE ALLEGATIONS

1. Parties  
   a. Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is an adult resident of [COUNTY] County, Alabama, residing at [ADDRESS].  
   b. Defendant [MANUFACTURER] (“Manufacturer”) is a [STATE] corporation with its principal place of business at [ADDRESS] and may be served via its registered agent, [NAME], at [ADDRESS].  
   c. Defendant [DEALER] (“Dealer”) is an Alabama entity doing business in [COUNTY] County and may be served through [REGISTERED AGENT].

2. Jurisdiction & Venue  
   a. Jurisdiction is proper under Ala. Code § 8-20A-8 and Ala. R. Civ. P. 4.2 because Defendants transact business and committed wrongful acts in Alabama.  
   b. Venue is proper in this Court pursuant to Ala. Code § 6-3-2 and § 6-3-7.

3. Facts Common to All Counts  
   a. On or about [DATE], Plaintiff purchased a new [YEAR/MAKE/MODEL] (“Vehicle”) from Dealer for $[PRICE] (see Purchase Agreement, Ex. A).  
   b. The Vehicle was accompanied by Manufacturer’s written warranty (Ex. B).  
   c. Within [NUMBER] months/ [NUMBER] miles, the Vehicle manifested the following Nonconformities:  
      i. Engine stalling at highway speeds;  
      ii. Electrical system failures; and  
      iii. [ADD DEFECTS].  
   d. Plaintiff delivered the Vehicle for repair on [LIST DATES] (Repair Orders, collectively Ex. C). Despite at least [NUMBER] repair attempts—and cumulative out-of-service time of [NUMBER] days—Defendants failed to correct the Nonconformities.  
   e. On [DATE], Plaintiff provided Manufacturer written notice of the defects and demand for relief (Certified Mail Receipt, Ex. D).  
   f. More than thirty (30) days have elapsed, and Manufacturer has failed to provide a refund or replacement as required by § 8-20A-3(a).

4. Compliance With Pre-Suit Procedures  
   a. Manufacturer’s Program: [SELECT ONE]  
      □  Manufacturer maintains no certified informal dispute settlement procedure.  
      □  Plaintiff submitted to Manufacturer’s Program on [DATE], claim no. [___]; a decision was rendered on [DATE].  
   b. All conditions precedent to filing this action have been performed, excused, or waived.

# IV. CAUSES OF ACTION

Count I – Violation of Alabama Motor Vehicle Warranty Rights Act  
(Against Manufacturer)  
5. Plaintiff realleges ¶¶ 1–4.  
6. Pursuant to § 8-20A-3(a), Manufacturer must replace the Vehicle or refund the full contract price if it cannot correct a Nonconformity after a Reasonable Number of Attempts.  
7. Manufacturer failed to comply, violating the Act.  
8. Plaintiff suffered damages equal to the purchase price, incidental expenses, finance charges, and statutory attorneys’ fees (§ 8-20A-6).  
WHEREFORE, Plaintiff requests the relief in the Prayer below.

Count II – Breach of Express Warranty (UCC §§ 2-313, 2-714)  
(Against Manufacturer & Dealer)  
9. Plaintiff realleges ¶¶ 1–8.  
10. Defendants expressly warranted the Vehicle would be free from defects.  
11. The Vehicle’s Nonconformities constitute breach; Plaintiff is entitled to damages, plus consequential and incidental damages.

Count III – Magnuson–Moss Warranty Act, 15 U.S.C. §§ 2301 et seq.  
(Against Manufacturer)  
12. Plaintiff realleges ¶¶ 1–11.  
13. The Vehicle is a “consumer product” and the warranty is a “written warranty.”  
14. Defendants’ breach of warranty violates 15 U.S.C. § 2310.  
15. Plaintiff seeks damages, costs, and reasonable attorneys’ fees.

Count IV – Revocation of Acceptance (Ala. Code § 7-2-608)  
(Against Dealer)  
16. Plaintiff realleges ¶¶ 1–15.  
17. Plaintiff justifiably revoked acceptance due to Nonconformities that substantially impair the Vehicle’s value.  
18. Plaintiff seeks rescission and restitution.

# V. PRAYER FOR RELIEF
Plaintiff respectfully requests:  
A. Statutory replacement of the Vehicle with a comparable new vehicle, or rescission and refund of the full purchase price, taxes, registration, finance charges, and collateral costs;  
B. Incidental and consequential damages;  
C. Civil penalty up to the value of the Vehicle (§ 8-20A-6(b));  
D. Pre-judgment and post-judgment interest;  
E. Reasonable attorneys’ fees and costs pursuant to § 8-20A-6(c) and 15 U.S.C. § 2310(d)(2);  
F. Trial by jury on all triable issues; and  
G. Such other and further relief as the Court deems just and proper.

# VI. DEMAND FOR JURY TRIAL
Pursuant to Ala. R. Civ. P. 38, Plaintiff demands a trial by struck jury on all issues so triable.

# VII. VERIFICATION

STATE OF ALABAMA )
COUNTY OF ☐ )

Before me, the undersigned Notary Public, personally appeared [PLAINTIFF], who, being duly sworn, states that the foregoing Complaint is true and correct to the best of his/her knowledge, information, and belief.

_________________________________ Date: ____________________
[PLAINTIFF NAME]

Sworn to and subscribed before me this _____ day of __________, 20__.

_________________________________
Notary Public, State of Alabama
My Commission Expires: __________

<!-- GUIDANCE:  Many Alabama circuits require verified complaints in lemon-law cases; confirm local rule. -->

# VIII. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served on the following parties by [METHOD: e-filing, certified mail, hand delivery] on this the ___ day of __________, 20__:

[DEFENSE COUNSEL NAME & ADDRESS]
_____________________________________
[ATTORNEY NAME], Counsel for Plaintiff

# IX. ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

________________________________________
[ATTORNEY NAME] (ASB-____-__)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

<!-- GUIDANCE:  Double-check bar number format (ASB-###-[letter code]) and comply with Ala. R. Civ. P. 11 signature requirements. -->

<!-- ==================  END OF TEMPLATE  ======================= -->