IN THE [PLACEHOLDER—NAME OF COURT] COURT

[PLACEHOLDER—COUNTY] COUNTY, STATE OF INDIANA

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT MANUFACTURER NAME],
  Defendant.

Cause No. _____/_____

COMPLAINT FOR VIOLATION OF THE INDIANA MOTOR VEHICLE PROTECTION ACT (“LEMON LAW”), 15 U.S.C. §§ 2301–2312, AND RELATED RELIEF

TABLE OF CONTENTS

1. Document Header
2. Parties
3. Jurisdiction and Venue
4. Definitions
5. Factual Allegations
6. Causes of Action
   6.1 Count I – Indiana Motor Vehicle Protection Act
   6.2 Count II – Magnuson–Moss Warranty Act (15 U.S.C. § 2310(d))
   6.3 Count III – Breach of Implied Warranty of Merchantability
7. Conditions Precedent / Dispute Resolution Allegations
8. Damages and Remedies Requested
9. Prayer for Relief
10. Jury Demand
11. Verification & Signature Block

1. DOCUMENT HEADER

1.1 Effective Date of Filing: [PLACEHOLDER—MM/DD/YYYY].

1.2 Governing Law: Indiana Code §§ 24-5-13-1 et seq. (“Indiana Lemon Law”) and applicable federal law.

2. PARTIES

2.1 Plaintiff.
 a. Name: [PLAINTIFF FULL LEGAL NAME].
 b. Residency: [CITY], [COUNTY] County, Indiana.
 c. Standing: Plaintiff purchased/leased the subject Vehicle primarily for personal, family, or household purposes.

2.2 Defendant.
 a. Name: [DEFENDANT MANUFACTURER NAME], a [STATE] corporation authorized to do business in Indiana.
 b. Service of Process Address: [REGISTERED AGENT NAME & ADDRESS].

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction pursuant to Ind. Code § 24-5-13-18 and 15 U.S.C. § 2310(d)(1).

3.2 Personal jurisdiction is proper because Defendant transacts business and supplies vehicles in Indiana.

3.3 Venue lies in this Court under Ind. Trial Rule 75(A)(2) because the transaction and nonconformities occurred in [COUNTY] County.

4. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below:

“Act” – Indiana Motor Vehicle Protection Act, Ind. Code §§ 24-5-13-1 et seq.

“Vehicle” – The [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) [VIN], purchased by Plaintiff on [PURCHASE DATE].

“Manufacturer” – Defendant [DEFENDANT MANUFACTURER NAME], including its agents, employees, and authorized dealers.

“Nonconformity” – A defect, condition, or malfunction that substantially impairs the use, market value, or safety of the Vehicle, as defined in Ind. Code § 24-5-13-6.

“Reasonable Number of Attempts” – The threshold for statutory presumption under Ind. Code § 24-5-13-7 (four attempts or cumulative 30 business days out of service during first 18 months/18,000 miles).

5. FACTUAL ALLEGATIONS

5.1 On [PURCHASE DATE], Plaintiff purchased the Vehicle from [DEALERSHIP], an authorized dealer of Defendant, for $[PRICE] (the “Purchase Price”). The Vehicle was accompanied by a new vehicle limited warranty.

5.2 Within the first [MILEAGE] miles / [MONTHS] months, the Vehicle manifested multiple Nonconformities, including but not limited to:
 a. [LIST DEFECT #1];
 b. [LIST DEFECT #2]; and
 c. [LIST DEFECT #3].

5.3 Plaintiff delivered the Vehicle for repair on at least [NUMBER] separate occasions, and it was out of service an aggregate total of [NUMBER] business days, yet the Nonconformities persist.

5.4 Written notice of the continuing Nonconformities was provided to Defendant on [NOTICE DATE] pursuant to Ind. Code § 24-5-13-10.

5.5 Defendant has failed or refused to replace the Vehicle or refund the Purchase Price as mandated by Ind. Code § 24-5-13-11.

6. CAUSES OF ACTION

6.1 COUNT I – VIOLATION OF THE INDIANA MOTOR VEHICLE PROTECTION ACT

(Ind. Code §§ 24-5-13-1 et seq.)

6.1.1 Plaintiff realleges ¶¶ 2.1–5.5.

6.1.2 The Vehicle is a “motor vehicle” under Ind. Code § 24-5-13-2.

6.1.3 Defendant failed to conform the Vehicle to its express warranty after a Reasonable Number of Attempts.

6.1.4 Pursuant to Ind. Code § 24-5-13-11, Defendant is obligated to: (i) replace the Vehicle with a comparable new vehicle, or (ii) refund the full contract price, including all collateral charges, less a reasonable allowance for use.

6.1.5 Defendant’s refusal constitutes a violation of the Act, entitling Plaintiff to statutory remedies, incidental damages, costs, and reasonable attorney’s fees.

6.2 COUNT II – MAGNUSON–MOSS WARRANTY ACT

(15 U.S.C. §§ 2301–2312)

6.2.1 Plaintiff realleges ¶¶ 2.1–5.5.

6.2.2 Defendant issued a written warranty as defined in 15 U.S.C. § 2301(6).

6.2.3 Defendant’s failure to repair or replace the Vehicle breaches said warranty, giving rise to a civil action under 15 U.S.C. § 2310(d).

6.2.4 Plaintiff seeks refund or replacement of the Vehicle, incidental/consequential damages, plus costs and attorney’s fees.

6.3 COUNT III – BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

(Ind. Code § 26-1-2-314 & 15 U.S.C. § 2301(7))

6.3.1 Plaintiff realleges ¶¶ 2.1–5.5.

6.3.2 The Vehicle, at the time of sale, was not fit for ordinary use due to the Nonconformities.

6.3.3 Defendant’s breach proximately caused Plaintiff’s damages described herein.

7. CONDITIONS PRECEDENT / DISPUTE RESOLUTION ALLEGATIONS

7.1 Informal Dispute Settlement Procedure.
 a. Plaintiff has (☐ has / ☐ has not) been required to participate in a manufacturer-sponsored informal dispute settlement procedure certified under 16 C.F.R. Part 703.
 b. If applicable, Plaintiff completed the procedure on [DATE] without satisfactory resolution.

8. DAMAGES AND REMEDIES REQUESTED

8.1 Replacement of the Vehicle with a substantially identical new vehicle OR refund of the Purchase Price, taxes, finance charges, license fees, registration fees, and all collateral charges, less reasonable use allowance (Ind. Code § 24-5-13-11).

8.2 Incidental and consequential damages (Ind. Code § 26-1-2-715).

8.3 Reasonable attorney’s fees and costs (Ind. Code § 24-5-13-19; 15 U.S.C. § 2310(d)(2)).

8.4 Pre- and post-judgment interest as allowed by law.

8.5 Any other and further relief, legal or equitable, including injunctive relief necessary to compel Vehicle replacement.

9. PRAYER FOR RELIEF

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

A. Declare Defendant in violation of the Indiana Motor Vehicle Protection Act;
B. Order replacement of the Vehicle or, in the alternative, full refund of the Purchase Price and collateral charges;
C. Award incidental and consequential damages;
D. Award costs of suit and reasonable attorney’s fees;
E. Grant such additional relief as the Court deems just and proper.

10. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable as of right.

11. VERIFICATION & SIGNATURE BLOCK

I affirm, under the penalties for perjury, that the foregoing representations are true to the best of my knowledge, information, and belief.

Date: [MM/DD/YYYY]

______________________________
[ATTORNEY NAME], # [IN BAR NO.]
[LAW FIRM NAME]
[ADDRESS] | Tel: [PHONE] | Email: [EMAIL]
Counsel for Plaintiff