IN THE [_] COURT OF [_] COUNTY, STATE OF GEORGIA

[// GUIDANCE: Typically “Superior Court” or “State Court.”]

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. Civil Action File No. ____
[DEFENDANT MANUFACTURER NAME],
Defendant.

VERIFIED COMPLAINT FOR VIOLATION OF THE GEORGIA MOTOR VEHICLE WARRANTY RIGHTS ACT (“LEMON LAW”), BREACH OF WARRANTY, AND RELATED RELIEF

[// GUIDANCE: This template is intentionally comprehensive. Remove any Counts or allegations that are not applicable to your client’s facts.]

TABLE OF CONTENTS

1. Parties .............................................................................................................. ¶¶ 1–2
2. Jurisdiction & Venue ................................................................................ ¶¶ 3–5
3. Definitions ..................................................................................................... ¶¶ 6–10
4. Factual Allegations .................................................................................. ¶¶ 11–35
5. Causes of Action
   • Count I – Georgia Lemon Law ........................................................ ¶¶ 36–46
   • Count II – Breach of Express Warranty (UCC) ............................. ¶¶ 47–54
   • Count III – Magnuson-Moss Warranty Act .................................. ¶¶ 55–63
   • Count IV – Revocation of Acceptance .......................................... ¶¶ 64–70
6. Prayer for Relief ......................................................................................... ¶¶ 71–78
7. Demand for Jury Trial ............................................................................. ¶ 79
8. Verification .................................................................................................. p. ___
9. Signature Block ......................................................................................... p. ___

1. PARTIES

1. Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is an individual resident of [County], Georgia, at all times relevant the purchaser and title owner of the motor vehicle described below.

2. Defendant [MANUFACTURER’S LEGAL NAME] (“Defendant” or “Manufacturer”) is a corporation organized under the laws of [State] with its principal place of business at [Address] and may be served through its registered agent, [Name / Address], pursuant to O.C.G.A. § 9-11-4.

2. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction under O.C.G.A. § 9-10-91 and the Georgia Motor Vehicle Warranty Rights Act, O.C.G.A. §§ 10-1-780 et seq.

4. Personal jurisdiction exists because Defendant transacts business, supplies goods, and commits tortious acts within Georgia under O.C.G.A. § 9-10-91(1)–(3).

5. Venue is proper in this County pursuant to O.C.G.A. §§ 14-2-510(b)(1) and 9-10-93 because Defendant maintains a registered agent and/or has committed the acts complained of herein in this County.

3. DEFINITIONS

[// GUIDANCE: Defined terms streamline lengthy pleadings, particularly in multi-count complaints.]

6. “Act” means the Georgia Motor Vehicle Warranty Rights Act, O.C.G.A. §§ 10-1-780 et seq.

7. “Motor Vehicle” or “Vehicle” means the new [Year, Make, Model], Vehicle Identification Number (“VIN”) [____], purchased by Plaintiff on [Purchase Date].

8. “Nonconformity” means any defect or condition that substantially impairs the Vehicle’s use, value, or safety, as defined by O.C.G.A. § 10-1-782(11).

9. “Repair Attempts” means each instance in which Defendant or its authorized dealer attempted to repair a reported Nonconformity, as further described below.

10. “Reasonable Number of Attempts” has the meaning set forth in O.C.G.A. § 10-1-782(13).

4. FACTUAL ALLEGATIONS

Purchase & Warranty
11. On [Purchase Date], Plaintiff purchased the Vehicle from [Dealer Name] for a total sales price of $[____], inclusive of taxes and fees.

12. The Vehicle was accompanied by Defendant’s express written new-vehicle limited warranty (the “Warranty”), promising repair or replacement of defects in materials or workmanship for [Warranty Term]/[Mileage], whichever occurs first.

Emergence of Nonconformities
13. Beginning on or about [Date] and continuing thereafter, the Vehicle manifested serious Nonconformities, including but not limited to:
a. Engine stalling at highway speeds;
b. Transmission hesitation and rough shifting;
c. Repeated illumination of the “Check Engine” warning light; and
d. Electrical system failures causing loss of power steering.

Repair History
14. Plaintiff presented the Vehicle for repair on [Date 1], [Date 2], [Date 3], and [Date 4] to Defendant’s authorized dealers [Dealer Names].

15. Despite these Repair Attempts, the Nonconformities persist and substantially impair the Vehicle’s use, value, and safety. A summary repair chronology is attached as Exhibit A.

Statutory Notice & Opportunity to Cure
16. On [Notice Date], Plaintiff provided written notice to Defendant of the continuing Nonconformities and request for correction pursuant to O.C.G.A. § 10-1-783(b). A true and correct copy of the notice and delivery confirmation is attached as Exhibit B.

State-Administered Arbitration
17. Georgia’s Lemon Law requires consumers to submit to the state-administered arbitration program as a prerequisite to filing suit. See O.C.G.A. § 10-1-786.

18. Plaintiff timely filed for arbitration on [Arb Filing Date]; a hearing was held on [Arb Hearing Date].

19. The arbitrator issued an award on [Award Date] ordering [replacement / refund / no relief]. Defendant has [failed / refused] to comply with the award within the statutory thirty-day period.

Exhaustion & Preservation
20. Plaintiff has satisfied all conditions precedent to filing this action, including completing the state arbitration process and providing statutory notice.

[¶¶ 21-35: Insert any additional facts—finance charges incurred, days out of service, etc.]

5. CAUSES OF ACTION

COUNT I

Violation of Georgia Motor Vehicle Warranty Rights Act
(O.C.G.A. §§ 10-1-780 et seq.)

36. Plaintiff realleges and incorporates ¶¶ 1-35.
37. The Vehicle is a “motor vehicle” within the meaning of O.C.G.A. § 10-1-782(9).
38. One or more Nonconformities manifested within the Lemon Law Rights Period.
39. Defendant was given a Reasonable Number of Attempts to repair the Nonconformities but failed.
40. Defendant was notified in writing and afforded a final opportunity to cure.
41. Plaintiff completed the required state arbitration program.
42. Under O.C.G.A. § 10-1-784, Plaintiff is entitled to:
    a. Replacement of the Vehicle with a comparable new vehicle or a refund of the purchase price less a reasonable allowance for use;
    b. Reimbursement of collateral charges, towing, and rental expenses; and
    c. Attorneys’ fees and costs.
43. Defendant’s refusal to provide the required remedy violates the Act.
44. Plaintiff has suffered damages equal to the purchase price, incidental and consequential damages, plus statutory attorneys’ fees.
45. Defendant’s conduct was knowing and intentional, entitling Plaintiff to treble damages under O.C.G.A. § 10-1-784(d).
46. Plaintiff requests relief as set forth in the Prayer for Relief.

COUNT II

Breach of Express Warranty
(O.C.G.A. § 11-2-313)

47. Plaintiff realleges ¶¶ 1-35.
48. Defendant’s Warranty constituted an affirmance of fact and promise that became a basis of the bargain.
49. Defendant breached the Warranty by failing to repair defects occurring during the warranty term.
50. Plaintiff has provided Defendant a reasonable opportunity to cure.
51. As a direct result, Plaintiff suffered damages in an amount not less than the purchase price.
52. Plaintiff is entitled to incidental and consequential damages under O.C.G.A. § 11-2-714(3) and § 11-2-715.
53. Defendant’s breach was willful and in bad faith.
54. Plaintiff seeks all damages allowed by law.

COUNT III

Magnuson–Moss Warranty Act
(15 U.S.C. §§ 2301–2312)

55. Plaintiff realleges ¶¶ 1-35.
56. The Vehicle is a “consumer product,” and Plaintiff is a “consumer” under 15 U.S.C. § 2301.
57. Defendant is a “warrantor” that issued a “written warranty.”
58. Defendant breached the warranty obligations as described above.
59. The amount in controversy exceeds the $50,000 threshold exclusive of interest and costs.
60. Defendant’s failure to honor the warranty violates 15 U.S.C. § 2304.
61. Plaintiff has incurred attorneys’ fees and costs in enforcing the warranty.
62. Under 15 U.S.C. § 2310(d)(2), Plaintiff is entitled to actual damages, costs, and reasonable attorneys’ fees.
63. Plaintiff requests such relief.

COUNT IV

Revocation of Acceptance
(O.C.G.A. § 11-2-608)

64. Plaintiff realleges ¶¶ 1-35.
65. The Nonconformities substantially impair the value of the Vehicle.
66. Plaintiff rightfully revoked acceptance on [Revocation Date] by written notice to Defendant.
67. Plaintiff is entitled to a return of the purchase price plus collateral and incidental damages.
68. Title and risk of loss transferred back to Defendant upon revocation.
69. Defendant has refused to accept return of the Vehicle.
70. Plaintiff seeks restitution and all allowable damages.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

71. Vehicle replacement with a new, comparable vehicle or a full refund of the purchase price, all taxes, fees, and collateral costs;
72. Incidental and consequential damages in an amount to be proven at trial;
73. Treble damages as permitted by O.C.G.A. § 10-1-784(d);
74. Attorneys’ fees and expenses under O.C.G.A. § 10-1-784(d) and 15 U.S.C. § 2310(d)(2);
75. Pre- and post-judgment interest as allowed by law;
76. Costs of suit herein;
77. Any further declaratory, equitable, or injunctive relief—including an order compelling Defendant to accept return of the Vehicle—deemed just and proper; and
78. Such other relief as the Court deems equitable.

7. DEMAND FOR JURY TRIAL

79. Pursuant to Ga. Const. Art. I, § I, ¶ XI and O.C.G.A. § 9-11-38, Plaintiff demands a trial by jury on all issues so triable.

8. VERIFICATION

I, [Plaintiff Name], being duly sworn, state under penalty of perjury that the foregoing allegations are true and correct to the best of my knowledge, information, and belief.

[Plaintiff Name]

Sworn to and subscribed before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

9. SIGNATURE BLOCK

Respectfully submitted this ___ day of ____, 20__.

[LAW FIRM NAME]
By: ____
[Attorney Name]
Georgia Bar No. _
[Street Address]
[City, State ZIP]
Telephone: [--_]
Email: [_]
Counsel for Plaintiff

[// GUIDANCE: Attach Civil Case Filing & Discovery Disclosure forms as required by O.C.G.A. § 9-11-26 and local rules.]