Lemon Law Complaint

Montana Lemon Law Complaint Template

(Montana New Motor Vehicle Warranties Act – Mont. Code Ann. §§ 61-4-501 et seq.)

TABLE OF CONTENTS

I. Caption & Parties
II. Jurisdiction and Venue
III. Definitions
IV. Factual Allegations
V. Causes of Action
 Count I – Violation of Montana New Motor Vehicle Warranties Act
 Count II – Breach of Express Warranty (optional)
VI. Damages & Prayer for Relief
VII. Jury Demand
VIII. Verification & Certification
IX. Signature Block

I. CAPTION & PARTIES

IN THE ☐ JUDICIAL DISTRICT COURT  
OF THE STATE OF MONTANA  
IN AND FOR THE COUNTY OF ☐

_____________________________________
[PLAINTIFF NAME],                             )   Cause No.: [___]   
      Plaintiff,                              )   
v.                                            )   COMPLAINT FOR VIOLATION OF  
                                              )   MONTANA NEW MOTOR VEHICLE   
[DEFENDANT MANUFACTURER],                     )   WARRANTIES ACT (“LEMON LAW”)  
      Defendant.                              )   AND RELATED RELIEF  
_____________________________________         )

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [County], Montana.
2. Defendant [DEFENDANT MANUFACTURER] (“Defendant” or “Manufacturer”) is a corporation organized under the laws of [State], authorized to do business in Montana, and may be served through its registered agent, [Agent Name & Address].

II. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction under Mont. Code Ann. §§ 3-5-302 and §§ 61-4-501 et seq.
4. Venue is proper in this County under Mont. Code Ann. § 25-2-118 because the transaction occurred, and Defendant conducts business, here.
5. All statutory prerequisites, including the informal dispute settlement procedure described in Mont. Code Ann. § 61-4-511, have been satisfied, waived, or are inapplicable.
   

III. DEFINITIONS

For clarity and consistent usage throughout this Complaint, the following capitalized terms have the meanings set forth below:

“Act” – The Montana New Motor Vehicle Warranties Act, Mont. Code Ann. §§ 61-4-501–533.

“Arbitration Program” – A manufacturer’s informal dispute settlement procedure certified under § 61-4-511.

“Covered Vehicle” – The new motor vehicle purchased or leased by Plaintiff on [Purchase Date] bearing VIN [___].

“Defect” or “Nonconformity” – A condition that substantially impairs the use, market value, or safety of the Covered Vehicle, not resulting from abuse, neglect, or unauthorized modification by Plaintiff, as set forth in § 61-4-502(5).

“Reasonable Number of Repair Attempts” – The threshold described in § 61-4-503(2), or [insert alternative threshold if using mileage/time benchmarks].

“Replacement or Repurchase Remedy” – The statutory relief available under § 61-4-504(1), limited to the vehicle’s purchase price and collateral charges.

IV. FACTUAL ALLEGATIONS

A. Purchase & Warranty

6. On [Purchase Date], Plaintiff purchased the Covered Vehicle from [Dealer Name] for [Total Price], inclusive of taxes and fees.
7. The Covered Vehicle was sold with Defendant’s express written warranty, valid [Duration/Mileage], promising repair or replacement of defective parts.

B. Manifestation of Defects

8. Beginning on or about [Date], the Covered Vehicle exhibited the following Nonconformities:
   a. [Symptom 1]
   b. [Symptom 2]
   c. [Add as needed]

C. Repair History

9. Plaintiff tendered the Covered Vehicle to Defendant’s authorized service facilities on [Number] separate occasions between [Date Range]. Despite these efforts, the Nonconformities persist. A true and correct copy of the repair orders is attached hereto as Exhibit B.

D. Statutory Notice & Opportunity to Cure

10. Pursuant to § 61-4-503(2)(b), Plaintiff provided written notice to Defendant on [Date] of the continuing Nonconformity and potential lemon law claim. Defendant failed to cure within the additional repair attempt afforded by statute.

E. Arbitration Program Exhaustion

11. On [Date], Plaintiff submitted a claim to Defendant’s Arbitration Program. The Program rendered its decision on [Date], which [failed to grant the relief required / was not implemented within the 30-day statutory period].

V. CAUSES OF ACTION

Count I – Violation of Montana New Motor Vehicle Warranties Act

12. Plaintiff realleges ¶¶ 1–11.
13. The Covered Vehicle’s Nonconformities substantially impair its use, value, and safety.
14. Defendant was given a Reasonable Number of Repair Attempts yet failed to conform the Covered Vehicle to the warranty.

15. Under § 61-4-504(1), Defendant is obligated to either:
    a. Repurchase the Covered Vehicle for the full purchase price, including collateral charges, less a reasonable mileage offset; or
    b. Replace the Covered Vehicle with a comparable new motor vehicle acceptable to Plaintiff.

16. Defendant’s refusal to provide the statutory remedy constitutes a violation of the Act.

RELIEF SOUGHT ON COUNT I:
a. Repurchase or replacement of the Covered Vehicle;
b. Incidental and consequential damages;
c. Statutory attorney fees and costs per § 61-4-512;
d. Pre- and post-judgment interest;
e. Any other relief the Court deems just and proper.

Count II – Breach of Express Warranty (optional)

17. Plaintiff realleges ¶¶ 1–16.
18. Defendant’s written warranty is a binding contractual obligation.
19. Defendant breached that warranty by failing to repair or replace the Covered Vehicle’s Nonconformities.
20. Plaintiff has suffered damages not to exceed the vehicle’s purchase price.

RELIEF SOUGHT ON COUNT II:
a. Monetary damages capped at the Covered Vehicle’s purchase price;
b. Attorney fees under the warranty’s prevailing-party clause (if applicable);
c. Such further relief as the Court deems equitable.

VI. DAMAGES & PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant as follows:

1. Statutory repurchase or replacement of the Covered Vehicle pursuant to Mont. Code Ann. § 61-4-504(1);
2. Monetary damages (including refunds, taxes, fees, and incidental/consequential damages) capped at the vehicle’s purchase price, consistent with § 61-4-504(3);
3. Mandatory injunctive relief compelling Defendant to effectuate the replacement within [30] days;
4. Attorney fees, expert fees, and litigation costs under § 61-4-512;
5. Pre-judgment and post-judgment interest at the legal rate; and
6. All other and further relief the Court deems just and proper.

VII. JURY DEMAND

Plaintiff demands a trial by jury on all issues triable as of right under Article II, § 26 of the Montana Constitution.

VIII. VERIFICATION & CERTIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing allegations are true and correct to the best of my knowledge, information, and belief.
Date: _______________ __________________________
[PLAINTIFF NAME]

IX. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: ___________________________
    [ATTORNEY NAME], Esq.
    MT Bar No.: [___]
    [Address]
    [Phone] | [Email]
    Attorney for Plaintiff

OPTIONAL EXHIBIT LIST

• Exhibit A – Proof of Arbitration Program submission and outcome
• Exhibit B – Repair orders/service records
• Exhibit C – Purchase agreement & warranty booklet

END OF DOCUMENT