Lemon Law Complaint - Iowa

IOWA LEMON LAW DISTRICT-COURT PETITION

1. CAPTION

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

CASE NO. [________________________________]

PETITION UNDER IOWA CODE CHAPTER 322G

Consumer alleges as follows:

2. COURT ROUTE AND DEADLINE

Select one route:

• ☐ Route A — No timely certified-program decision or no certified program. Consumer resorted to Manufacturer's certified program, but no decision was rendered within the Chapter 322G time limits; or Manufacturer had no certified program and Consumer gave the notice required by § 322G.4(1). This action is filed within one year after expiration of the lemon law rights period or its § 322G.4(3) extension. Iowa Code § 322G.8(1).
• ☐ Route B — Accepted decision, deficient performance or nonperformance. Consumer accepted a certified-program decision, but Manufacturer did not perform as directed or did not cure within the decision's deadline. This action is filed within six months after the performance date stated in the decision. Iowa Code § 322G.8(2).
• ☐ Route C — De novo appeal of certified-program decision. Consumer declined the decision or otherwise timely appeals. This petition is filed by the earlier of 50 days after receipt of the decision or 25 days after Consumer indicated acceptance to Manufacturer. A copy will be sent to the Attorney General by certified, registered, or express mail within seven days after filing. Iowa Code § 322G.8(4), (6).
• ☐ Route D — Confirmation of accepted, unappealed decision. Manufacturer failed to comply with a decision timely accepted by Consumer and did not file a timely petition for appeal. Consumer asks the Court to affirm the decision under Iowa Code § 322G.8(5).

3. PARTIES, COURT, AND VENUE

1. Consumer [NAME] resides in [COUNTY, STATE] and is the [PURCHASER / QUALIFYING LESSEE / OTHER WARRANTY-ENFORCEMENT BENEFICIARY] of the Vehicle.

2. Manufacturer [NAME] constructed or assembled the Vehicle, installed integral special bodies or equipment, or imported the Vehicle for sale or distribution to new motor vehicle dealers. Iowa Code § 322G.2(12).

3. The Iowa district court has authority over this Chapter 322G action under Iowa Code § 322G.8.

4. Venue is proper in this County because [STATE THE CURRENT FACTUAL AND LEGAL BASIS].

5. No franchised motor vehicle dealer is named as a defendant under Chapter 322G because Iowa Code § 322G.11 generally creates no consumer cause of action against a dealer and prohibits making a dealer a party defendant in an action involving this chapter.

4. VEHICLE, TRANSACTION, AND COVERAGE

6. On [DATE], Consumer [PURCHASED / LEASED] a new or previously untitled [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [DEALER].

7. The purchase or lease documents and original-delivery proof are attached as Exhibit A. The manufacturer's written warranty is attached as Exhibit B.

8. The Vehicle is covered by Iowa Code § 322G.2(13) because it is self-propelled, was purchased or leased in Iowa [OR QUALIFIES UNDER § 322G.15], and is primarily designed to transport persons or property over public streets and highways.

9. The Vehicle is not an excluded moped, motorcycle, autocycle, motor home, or vehicle over 15,000 pounds gross vehicle weight rating.

10. The lemon law rights period ended at the earliest of:

• the end of the manufacturer's written-warranty term;
• two years after original delivery; or
• the first 24,000 miles of operation attributable to Consumer.

Iowa Code § 322G.2(8).

11. Consumer reported each nonconformity alleged below during the lemon law rights period.

5. NONCONFORMITIES AND REPAIR DUTY

12. A nonconformity is a defect, malfunction, or condition causing the Vehicle to fail to conform to the warranty, excluding a condition caused by accident, abuse, neglect, modification, or alteration by someone other than Manufacturer or its authorized service agent. Iowa Code § 322G.2(14).

13. The claimed nonconformities substantially impair the Vehicle by rendering it unfit, unreliable, or unsafe for warranted or ordinary use or significantly diminishing its value. Iowa Code § 322G.2(20).

14. Consumer reported these nonconformities:

15. Under Iowa Code § 322G.3(3), Manufacturer or its authorized service agent was required to make the repairs necessary to conform the Vehicle to the warranty after timely reporting, even if repairs could not be completed before the rights period expired.

16. Complete repair orders are attached as Exhibit C:

6. FINAL REPAIR OPPORTUNITY

17. Select the applicable notice path under Iowa Code § 322G.4(1):

• ☐ After three attempts to repair the same substantially impairing nonconformity, Consumer notified Manufacturer by certified or registered mail or overnight service of the need to repair and allowed a final attempt.
• ☐ After one attempt to repair a nonconformity likely to cause death or serious bodily injury, Consumer sent the same statutory notice and allowed a final attempt.
• ☐ After at least 20 cumulative out-of-service days, Consumer sent written notice by certified or registered mail or overnight service.

18. The notice and delivery proof are attached as Exhibit D.

19. For the three-attempt or serious-safety path, Manufacturer:

• ☐ did not notify and provide an opportunity to use a reasonably accessible repair facility within 10 days after receiving notice; or
• ☐ did not conform the Vehicle to the warranty within 10 days after Consumer delivered it to the designated facility.

20. For the 20-day out-of-service path, Manufacturer did not conform the Vehicle during the additional 10 cumulative out-of-service repair days beginning when it received the notice.

7. REASONABLE NUMBER OF ATTEMPTS

21. Select each applicable presumption under Iowa Code § 322G.4(3)(a):

• ☐ The same substantially impairing nonconformity was examined or repaired at least three times, plus a final Manufacturer attempt if undertaken, and continues to exist.
• ☐ A nonconformity likely to cause death or serious bodily injury was examined or repaired at least once, plus a final Manufacturer attempt if undertaken, and continues to exist.
• ☐ The Vehicle was out of service for repair of one or more substantially impairing nonconformities for at least 30 cumulative calendar days, excluding routine-maintenance downtime.

22. Any claimed extension of the 30-day period is limited to a period when repair services were unavailable because of war, invasion, strike, fire, flood, or natural disaster.

23. If a nonconformity was reported but not cured before the rights period expired, the presumption period extends as Iowa Code § 322G.4(3)(b) provides, up to the earlier of two years after original delivery or the first 24,000 attributable miles.

24. Even if a presumption is disputed, Manufacturer had a reasonable number of attempts because [STATE FACTS AND SUPPORTING EVIDENCE].

8. CERTIFIED PROGRAM

25. Select the applicable program facts:

• ☐ Manufacturer had no Iowa Attorney General-certified program.
• ☐ Manufacturer had a certified program but did not clearly and conspicuously disclose at purchase or lease how and where to file a claim.
• ☐ Manufacturer had and disclosed a certified program. Consumer first resorted to it as Iowa Code § 322G.6(11) requires before seeking § 322G.4(2) relief.

26. Consumer notified the certified program on [DATE]. The program:

• ☐ did not issue a decision within the allowed period;
• ☐ issued the decision attached as Exhibit E on [DATE];
• ☐ issued a favorable decision that Consumer accepted on [DATE], but Manufacturer did not perform by [DATE]; or
• ☐ issued a decision that Consumer timely appeals.

27. For Route C, the petition states the requested action and grounds for appeal, and the certified-program appeal will be tried de novo. Iowa Code § 322G.8(6). The certified-program decision is admissible under § 322G.6(5).

9. COUNT I — IOWA CODE CHAPTER 322G

28. Consumer incorporates paragraphs 1 through 27, with unused alternatives deleted.

29. Manufacturer and its authorized service agents did not conform the Vehicle to the warranty after a reasonable number of attempts.

30. Under Iowa Code § 322G.4(2), Manufacturer must replace the Vehicle with a replacement acceptable to Consumer or repurchase it and provide the statutory refund, collateral charges, and reasonably incurred incidental charges, less the authorized use offset.

31. Consumer exercises the unconditional right to choose a refund rather than replacement [OR REQUESTS AN ACCEPTABLE REPLACEMENT].

32. For a refund, the use offset is calculated under Iowa Code § 322G.2(18) using attributable mileage through the earliest of the third same-nonconformity repair attempt, first serious-safety repair attempt, or twentieth cumulative out-of-service day, with the statutory 120,000-mile denominator.

33. Incidental charges include reasonable towing and alternative-transportation costs directly resulting from the claimed nonconformities, but exclude loss of use, loss of income, and personal-injury claims. Iowa Code § 322G.2(6).

34. Manufacturer must provide the statutory remedy within the period and subject to the offset-payment rules stated in Iowa Code § 322G.4(2).

10. PRAYER FOR RELIEF

Consumer requests judgment:

1. Awarding the pecuniary loss and the replacement or refund relief authorized by Iowa Code §§ 322G.4(2) and 322G.8(3);
2. Including the authorized collateral and reasonably incurred incidental charges;
3. Applying only the reasonable use offset authorized by Iowa Code § 322G.2(18);
4. Awarding reasonable attorney fees and costs to a prevailing Consumer under Iowa Code § 322G.8(3);
5. For Route C, granting the action requested after de novo trial;
6. For Route D, affirming the accepted, unappealed certified-program decision under Iowa Code § 322G.8(5);
7. If a favorable program decision is affirmed or upheld, awarding the additional relief proved and authorized by Iowa Code § 322G.8(7); and
8. Granting any further relief the Court deems proper.

11. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Iowa Attorney No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Consumer

12. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase or lease documents and original-delivery proof
• ☐ Exhibit B — Manufacturer's written warranty
• ☐ Exhibit C — Complete itemized repair orders and calendar-day calculation
• ☐ Exhibit D — Statutory final-repair or out-of-service notice and delivery proof
• ☐ Exhibit E — Certified-program submission, decision, acceptance, and performance deadline, if applicable
• ☐ Exhibit F — Proof of petition copy mailed to the Attorney General within seven days, for Route C
• ☐ Exhibit G — Documents supporting purchase or lease price, lien or lessor interests, collateral charges, incidental charges, mileage, offset, and requested relief
• ☐ Exhibit H — Evidence of substantial impairment and continuing nonconformity

13. SOURCES AND REFERENCES

• Iowa Legislature — Iowa Code § 322G.2
• Iowa Legislature — Iowa Code § 322G.3
• Iowa Legislature — Iowa Code § 322G.4
• Iowa Legislature — Iowa Code § 322G.6
• Iowa Legislature — Iowa Code § 322G.8
• Iowa Legislature — Iowa Code § 322G.11