Lemon Law Complaint

ALABAMA LEMON LAW COMPLAINT

1. CAPTION

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

CASE NO. [________________________________]

COMPLAINT FOR VIOLATION OF THE ALABAMA MOTOR VEHICLE LEMON LAW RIGHTS ACT AND BREACH OF WRITTEN WARRANTY; JURY DEMAND

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF] is a resident of [COUNTY, STATE] and purchased the vehicle described below for personal, family, or household use, not for resale.

2. Defendant [MANUFACTURER] manufactures, imports, or distributes motor vehicles for retail sale and may be served through [REGISTERED AGENT AND ADDRESS].

3. This Court has subject-matter jurisdiction because [STATE THE COURT-SPECIFIC BASIS AND AMOUNT IN CONTROVERSY].

4. Venue is proper in this County because [STATE FACTS SUPPORTING VENUE].

3. VEHICLE AND WARRANTY

5. On [DATE], Plaintiff took original delivery of a new or previously untitled [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [SELLING DEALER] for a full contract price of $[AMOUNT].

6. The Vehicle had a manufacturer's written warranty, attached as Exhibit A.

7. The Vehicle is under 10,000 pounds manufacturer GVWR and is not a motor home. It therefore falls within the motor-vehicle definition in Ala. Code § 8-20A-1(2).

4. NONCONFORMING CONDITION AND REPAIR HISTORY

8. During the earlier of the first year after original delivery or the first 12,000 miles of operation, the Vehicle developed the following condition that failed to conform to the written warranty and significantly impaired its use, value, or safety:

[DESCRIBE THE CONDITION, WHEN IT FIRST APPEARED, AND HOW IT IMPAIRED USE, VALUE, OR SAFETY].

9. The condition arose during ordinary use and was not caused by abuse, neglect, an unauthorized modification or alteration, an accident, or post-delivery damage.

10. Plaintiff delivered the Vehicle to [MANUFACTURER / AGENT / AUTHORIZED DEALER] and first gave notice of the condition on [DATE], when the odometer showed [MILEAGE] miles.

11. The repair history is summarized below and documented by the repair orders attached as Exhibit B:

12. Select and complete every applicable allegation:

• ☐ The same nonconforming condition was subject to at least three repair attempts, at least one during the lemon-law-rights period, plus the manufacturer's final repair attempt, and the condition still exists.
• ☐ The Vehicle was out of service in the custody of the manufacturer, its agent, or an authorized dealer for repair attempts, including the final attempt, for a cumulative total of at least 30 calendar days within 24 months or 24,000 miles after delivery; at least one attempt occurred during the lemon-law-rights period.
• ☐ Even if a statutory presumption is disputed, the facts show that the manufacturer had reasonable attempts to conform the Vehicle to the warranty.

5. REQUIRED PRE-SUIT NOTICE AND PROCEDURES

13. On [DATE], Plaintiff sent the manufacturer by certified United States mail a written notice that identified the Vehicle, described the nonconforming condition, listed the prior repair attempts, and demanded correction or repair. The notice and proof of delivery are attached as Exhibit C.

14. The manufacturer received that notice on [DATE].

15. Select the applicable final-repair allegation:

• ☐ Within seven calendar days after receipt, the manufacturer identified [FACILITY] as a reasonably accessible repair facility. Plaintiff delivered the Vehicle there on [DATE], but the manufacturer did not conform the Vehicle to the warranty within 14 calendar days after delivery.
• ☐ The manufacturer did not identify a reasonably accessible repair facility within seven calendar days after receiving the notice.
• ☐ No final repair opportunity was required because [STATE THE FACTUAL AND LEGAL BASIS].

16. Select the applicable informal-dispute allegation:

• ☐ The manufacturer had no qualifying informal dispute-settlement procedure that Plaintiff was required to exhaust.
• ☐ Plaintiff submitted the dispute to [PROGRAM], completed that procedure on [DATE], and attaches the decision as Exhibit D.
• ☐ Resort to the identified procedure was not a prerequisite because [STATE THE FACTUAL AND LEGAL BASIS].

17. This action was commenced within three years after the date of original delivery, as required by Ala. Code § 8-20A-6.

6. COUNT I — ALABAMA MOTOR VEHICLE LEMON LAW RIGHTS

18. Plaintiff incorporates paragraphs 1 through 17.

19. Plaintiff is a “consumer,” the Vehicle is a covered “motor vehicle,” and the condition alleged above is a “nonconforming condition” within Ala. Code § 8-20A-1.

20. Plaintiff timely delivered the Vehicle for repair and gave notice during the lemon-law-rights period. The manufacturer was unable, after reasonable attempts and the required final opportunity, to conform the Vehicle to its express warranty.

21. Under Ala. Code § 8-20A-2(b), Plaintiff elects:

• ☐ A comparable new replacement vehicle; or
• ☐ Return of the Vehicle and a refund of the amounts recoverable under § 8-20A-2(b), less the statutory reasonable-use allowance.

22. The manufacturer's failure to perform its Chapter 20A obligations proximately damaged Plaintiff. Plaintiff seeks the elected remedy, recoverable incidental damages, and reasonable attorney fees under Ala. Code § 8-20A-3(c).

7. COUNT II — MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

23. Plaintiff incorporates paragraphs 1 through 17.

24. The Vehicle is a consumer product, Plaintiff is a consumer, Defendant is a warrantor, and Exhibit A is a written warranty within 15 U.S.C. § 2301.

25. Defendant failed to comply with its written-warranty obligations by [IDENTIFY THE WARRANTY PROMISE AND THE FACTUAL BREACH].

26. Plaintiff satisfied any applicable notice and qualifying informal-procedure prerequisite described in 15 U.S.C. § 2310(a) and 16 C.F.R. Part 703.

27. Plaintiff seeks damages and other legal or equitable relief under 15 U.S.C. § 2310(d)(1)(A), together with costs and reasonable attorney fees if awarded under § 2310(d)(2).

8. PRAYER FOR RELIEF

Plaintiff requests judgment awarding:

1. The replacement or refund remedy elected under Ala. Code § 8-20A-2(b), including the applicable contract-price components, collateral charges, post-report finance charges, and incidental damages, less the statutory reasonable-use allowance;
2. Damages and other relief proved under the written warranty and 15 U.S.C. § 2310, if Count II is retained;
3. Reasonable attorney fees and taxable costs where authorized;
4. Prejudgment and post-judgment interest where authorized; and
5. Any further relief the Court deems proper.

9. JURY DEMAND

Plaintiff demands a trial by jury on every issue so triable.

10. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Alabama Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Written warranty and purchase documents
• ☐ Exhibit B — Complete repair orders and out-of-service calculation
• ☐ Exhibit C — Certified-mail pre-suit notice, receipt, and delivery proof
• ☐ Exhibit D — Informal dispute-settlement submission and decision, if applicable
• ☐ Exhibit E — Receipts for alternate transportation and other incidental damages

12. SOURCES AND REFERENCES

• Alabama Legislature — Code of Alabama access portal
• Alabama Department of Revenue — manufacturer-buyback title rule
• 2025 Alabama Code, Title 8, Chapter 20A (secondary text mirror)
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310
• eCFR — 16 C.F.R. Part 703