Lemon Law Complaint - Nebraska

NEBRASKA MOTOR VEHICLE WARRANTY ACT COMPLAINT

1. CAPTION

IN THE [COUNTY / DISTRICT] COURT OF [COUNTY] COUNTY, NEBRASKA

Case No. [________________]

COMPLAINT UNDER NEB. REV. STAT. §§ 60-2701 THROUGH 60-2709

Plaintiff alleges:

2. PARTIES, COURT, AND VEHICLE

1. Plaintiff [NAME] resides in [COUNTY, STATE] and is a “consumer” under Neb. Rev. Stat. § 60-2701(1) because Plaintiff is the [NON-RESALE PURCHASER / QUALIFYING TRANSFEREE / PERSON ENTITLED TO ENFORCE THE WARRANTY] of a motor vehicle normally used for [PERSONAL / FAMILY / HOUSEHOLD / BUSINESS] purposes.

2. Defendant [NAME] is the Vehicle's manufacturer and may be served through [AGENT AND ADDRESS].

3. On [DATE], Plaintiff purchased a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), in Nebraska. The purchase and original-delivery documents are attached as Exhibit A.

4. The Vehicle is a covered new motor vehicle sold in Nebraska and is not a recreational vehicle. Neb. Rev. Stat. § 60-2701(2).

5. The Vehicle is model year [YEAR], which is 1984 or later. § 60-2709.

6. Defendant's labeled written manufacturer express warranty is attached as Exhibit B. § 60-2701(3).

7. This Court has jurisdiction and venue because [STATE CURRENT FACTUAL AND LEGAL BASIS].

3. TIMELY REPORT AND REPAIR HISTORY

8. During the earlier of the express-warranty term or one year after original delivery, Plaintiff reported each claimed nonconformity to Defendant, its agent, or its authorized dealer. Neb. Rev. Stat. § 60-2702.

9. Defendant, its agent, or its authorized dealer was required to make the repairs necessary to conform the Vehicle to the express warranties even if those repairs occurred after that period.

10. The repair history is:

11. The continuing defect or condition is [DESCRIBE PRECISELY].

12. It substantially impairs both the Vehicle's use and market value to Plaintiff. Neb. Rev. Stat. § 60-2703.

13. The nonconformity did not result from Plaintiff's abuse, neglect, or unauthorized modification or alteration. § 60-2703.

4. REASONABLE-NUMBER PRESUMPTION AND CERTIFIED-MAIL NOTICE

14. Select each presumption supported under Neb. Rev. Stat. § 60-2704:

• ☐ Four repairs. During the earlier of the express-warranty term or one year after original delivery, the same nonconformity was subject to repair four or more times by Defendant, its agents, or its authorized dealers and continues to exist.
• ☐ Forty days. During that earlier period, the Vehicle was out of service by reason of repair for at least 40 cumulative days.

15. Before relying on the presumption, Plaintiff directly notified Defendant in writing by certified mail and gave Defendant an opportunity to cure. The notice, proof, and cure-opportunity record are attached as Exhibit C.

16. The supporting repair and day-count facts are [DETAILS].

17. If no presumption is selected, the following facts independently establish a reasonable number of attempts: [DETAILS].

18. Any claimed extension of the express-warranty term, one-year period, or 40-day period is limited to time when repair services were unavailable because of war, invasion, strike, fire, flood, or other natural disaster. § 60-2704.

5. DIRECTOR-CERTIFIED PROCEDURE

19. Select the applicable route under Neb. Rev. Stat. § 60-2705:

• ☐ Defendant did not establish or participate in a dispute settlement procedure certified by the Director of Motor Vehicles under standards substantially complying with 16 C.F.R. Part 703 as it existed January 1, 2026.
• ☐ Defendant had such a Director-certified procedure, and Plaintiff first resorted to it on [DATE]. The certification, procedure, submission, and result are attached as Exhibit D.

6. FILING DEADLINE

20. Under Neb. Rev. Stat. § 60-2706, this action had to commence by the earlier of one year after express-warranty expiration or two years after original delivery.

21. Plaintiff commenced this action by the earlier deadline.

7. STATUTORY REMEDY

22. After a reasonable number of attempts, Defendant, its agents, or its authorized dealers were unable to conform the Vehicle to the express warranty by correcting the substantially impairing defect or condition.

23. Under Neb. Rev. Stat. § 60-2703, Defendant must replace the Vehicle with a comparable motor vehicle or accept return and pay the statutory refund. The statute does not expressly assign the choice between those alternatives to Plaintiff.

24. Defendant has provided neither alternative.

25. If Defendant provides a refund, the calculation is:

26. The reasonable use allowance is the amount directly attributable to Plaintiff's and any previous owner's use before Plaintiff's first report and later periods when the Vehicle was not out of service by reason of repair. Section 60-2703 prescribes no fixed mileage divisor or percentage.

27. A refund must be allocated between Plaintiff and any lienholder as their interests appear.

8. COUNT I — MOTOR VEHICLE WARRANTY ACT

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

29. Plaintiff is a consumer, Defendant is the manufacturer, and the Vehicle is covered under §§ 60-2701 and 60-2709.

30. Plaintiff timely reported the nonconformity, allowed a reasonable number of attempts, sent the certified-mail notice, gave an opportunity to cure, and first resorted to any Director-certified procedure.

31. Defendant violated §§ 60-2702 and 60-2703 by failing to conform the Vehicle and failing to provide a comparable replacement or statutory refund.

32. Plaintiff seeks the statutory remedy and, if Plaintiff prevails, reasonable attorney fees under § 60-2707.

33. Section 60-2708 preserves other rights and remedies, but no additional count is pleaded in this form.

9. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Determining that Defendant violated Neb. Rev. Stat. §§ 60-2701 through 60-2709;
2. Ordering Defendant to provide a comparable motor vehicle or accept return and pay the correct refund under § 60-2703;
3. If refund is provided, ordering the correct use allowance and lienholder allocation;
4. Awarding Plaintiff reasonable attorney fees if Plaintiff is the prevailing party under § 60-2707; and
5. Granting any further relief authorized by the pleaded sections and proved at trial.

10. JURY DEMAND

Plaintiff demands a jury trial on all issues so triable.

11. SIGNATURE BLOCK

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME], Nebraska Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

12. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase, original-delivery, model-year, lien, and vehicle-classification documents
• ☐ Exhibit B — Labeled manufacturer express warranty
• ☐ Exhibit C — Certified-mail direct notice, delivery proof, cure opportunity, repair orders, and day calculation
• ☐ Exhibit D — Director certification, dispute-procedure materials, submission, and result, if applicable
• ☐ Exhibit E — Evidence of continuing nonconformity and impairment of both use and market value
• ☐ Exhibit F — Purchase price, governmental charges, use periods, and refund calculation
• ☐ Exhibit G — Warranty-expiration, original-delivery, and deadline calculation

13. SOURCES AND REFERENCES

• Nebraska Legislature — § 60-2701
• Nebraska Legislature — § 60-2702
• Nebraska Legislature — § 60-2703
• Nebraska Legislature — § 60-2704
• Nebraska Legislature — § 60-2705
• Nebraska Legislature — § 60-2706
• Nebraska Legislature — § 60-2707
• Nebraska Legislature — § 60-2708
• Nebraska Legislature — § 60-2709