Lemon Law Complaint - New Hampshire

NEW HAMPSHIRE LEMON-LAW BOARD-AWARD ENFORCEMENT COMPLAINT

1. CAPTION

STATE OF NEW HAMPSHIRE

[COUNTY] SUPERIOR COURT

Case No. [________________]

COMPLAINT TO ENFORCE NEW MOTOR VEHICLE ARBITRATION BOARD DECISION

Plaintiff alleges:

2. PARTIES, COURT, AND VENUE

1. Plaintiff [NAME] resides in [TOWN, COUNTY, NEW HAMPSHIRE].

2. Plaintiff is a “consumer” under RSA 357-D:2, III because Plaintiff is the [NON-RESALE PURCHASER / QUALIFYING LESSEE / QUALIFYING TRANSFEREE / PERSON ENTITLED TO ENFORCE THE WARRANTY] of the Vehicle described below and is not a governmental entity.

3. Defendant [NAME] is the Vehicle's [MANUFACTURER / DISTRIBUTOR] and may be served through [REGISTERED AGENT AND ADDRESS].

4. This action seeks damages and equitable relief under RSA 357-D:7 and RSA 358-A:10 for Defendant's failure to comply with a final decision of the New Hampshire New Motor Vehicle Arbitration Board (the “Board”).

5. Venue is proper in this county under RSA 507:9 because [PLAINTIFF / ANOTHER PARTY] resides here. If no party is a New Hampshire inhabitant, state the venue basis: [DETAILS].

6. If Defendant is a nonresident, it is subject to personal jurisdiction under RSA 510:4 because the claim arises from Defendant's transaction of business in New Hampshire, including the sale, lease, warranty, distribution, or servicing of the Vehicle. State the supporting facts: [DETAILS].

3. VEHICLE AND WARRANTY

7. On [DATE], Plaintiff [PURCHASED / ENTERED A WRITTEN LEASE OF AT LEAST TWO YEARS FOR] a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), in New Hampshire.

8. The Vehicle is within RSA 357-D:2, X because it is a [PASSENGER OR STATION-WAGON VEHICLE NOT OVER 11,000 POUNDS / OTHER FOUR-WHEEL VEHICLE NOT OVER 11,000 POUNDS AND NOT A TRACTOR OR MOPED / MOTORCYCLE / OHRV / SNOWMOBILE].

9. Defendant's express warranty is attached as Exhibit A.

10. During the express-warranty term, Plaintiff reported the following defect or condition to Defendant, its agent, or its authorized dealer: [PRECISE DESCRIPTION]. RSA 357-D:3, III.

11. The defect or condition substantially impaired the Vehicle's [USE / MARKET VALUE / SAFETY] and did not result from an accident, abuse, neglect, modification, or alteration by a person other than Defendant or its authorized service agent. RSA 357-D:2, XIV.

4. REPAIR HISTORY AND STATUTORY PRESUMPTION

12. Defendant, its agent, or its authorized dealer supplied written examination or repair orders for the claimed repair attempts. RSA 357-D:3, IV and VIII.

13. Select the ground supported by the Board record under RSA 357-D:3, VII:

• ☐ The same nonconformity identified in written examination or repair orders was subject to repair at least three times during the express-warranty term and continued to exist.
• ☐ The Vehicle was out of service by reason of repair of one or more nonconformities, defects, or conditions for at least 30 cumulative business days during the express-warranty term.

14. For a three-attempt presumption, the attempts were undertaken by the same agent or authorized dealer, or Plaintiff showed good cause for using a different facility. RSA 357-D:3, VIII.

15. A “business day” means a day on which the service departments of Defendant's authorized dealers are normally open. RSA 357-D:2, II. The Vehicle was not counted out of service on a day when it was available to Plaintiff for a major part of the day. RSA 357-D:3, VII(b).

5. WRITTEN ELECTION AND BOARD PROCEEDING

16. After the third repair attempt or at least 30 cumulative business days out of service, Plaintiff notified Defendant and any motor-vehicle lessor in writing of the nonconformity and elected to proceed before the Board under RSA 357-D:4, I. The notice and delivery proof are attached as Exhibit B.

17. Plaintiff did not elect Defendant's dispute-settlement mechanism and did not discontinue financing or lease payments. RSA 357-D:4, I-II.

18. Plaintiff filed the Board complaint and paid the required $50 consumer filing fee. RSA 357-D:4, III. The Board complaint is attached as Exhibit C.

19. Within the statutory arbitration period, Defendant had one final opportunity to correct and repair the claimed defect. RSA 357-D:4, IV-V. The final-repair record is attached as Exhibit D.

20. The Board held a hearing on [DATE] and issued its written decision on [DATE]. The decision is attached as Exhibit E.

21. The Board found [SUMMARIZE MATERIAL FINDINGS] and ordered Defendant to [PROVIDE A COMPARABLE REPLACEMENT / ACCEPT RETURN AND PAY THE SPECIFIED REFUND AND DAMAGES].

22. The Board's decision became final because [NO PARTY FILED A TIMELY RSA 357-D:6 APPEAL / THE APPEAL ENDED BY FINAL ADJUDICATION ON DATE]. Attach the docket or final order as Exhibit F, if applicable.

6. NONCOMPLIANCE

23. Under RSA 357-D:4, VI, Defendant was required to perform the Board-ordered refund or replacement within 30 days after the Board's decision or within 15 days after final adjudication.

24. Defendant's performance deadline was [DATE].

25. Plaintiff demanded compliance on [DATE]. The demand and delivery proof are attached as Exhibit G.

26. Defendant has failed to comply in the following respects: [STATE EACH UNPAID AMOUNT, UNDELIVERED REPLACEMENT, TITLE OR LIEN FAILURE, OR OTHER NONCOMPLIANCE].

27. Defendant's noncompliance has injured Plaintiff by [ACTUAL FINANCIAL LOSS, LOSS OF USE, CONTINUING PAYMENT OBLIGATIONS, OR OTHER PROVABLE INJURY].

7. COUNT I — PER SE UNFAIR OR DECEPTIVE ACT

28. Plaintiff incorporates paragraphs 1 through 27.

29. RSA 357-D:7 provides that a manufacturer's or distributor's failure to comply with a Board decision constitutes an unfair or deceptive act or practice under RSA 358-A:2.

30. Defendant failed to comply with the final Board decision identified above.

31. Plaintiff was injured by that statutory unfair or deceptive act and may bring a private action under RSA 358-A:10, I.

32. Plaintiff is entitled to actual damages or $1,000, whichever is greater, plus equitable relief the Court deems necessary and proper.

33. If the Court finds Defendant's violation willful or knowing, RSA 358-A:10, I requires an award of at least twice and up to three times the applicable damages amount.

34. A prevailing plaintiff is entitled to costs and reasonable attorney fees under RSA 358-A:10, I.

8. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Declaring that Defendant failed to comply with the final Board decision and thereby committed an unfair or deceptive act under RSA 357-D:7 and RSA 358-A:2;
2. Ordering Defendant to comply with the Board decision, including [SPECIFY REFUND, REPLACEMENT, LIEN, TITLE, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR OTHER AWARD COMPONENT];
3. Awarding actual damages or $1,000, whichever is greater, under RSA 358-A:10, I;
4. Awarding enhanced damages if the violation was willful or knowing;
5. Awarding costs and reasonable attorney fees;
6. Granting appropriate equitable relief, including an injunction if necessary; and
7. Granting any further relief authorized by the pleaded statutes and proved in this action.

9. NOTICE TO ATTORNEY GENERAL

Upon commencement, RSA 358-A:10, II directs the court clerk to mail the complaint or other initial pleading to the New Hampshire Attorney General. Plaintiff requests that the clerk provide the required notice.

10. SIGNATURE BLOCK

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME], New Hampshire Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Express warranty, purchase or qualifying lease, registration, vehicle class, and lien documents
• ☐ Exhibit B — RSA 357-D:4 written election, manufacturer and lessor delivery proof, and manufacturer-provided form
• ☐ Exhibit C — Board complaint, filing-fee proof, and submitted exhibits
• ☐ Exhibit D — Final-repair-opportunity notice and repair record
• ☐ Exhibit E — Board's written decision
• ☐ Exhibit F — Appeal docket and final adjudication, or proof no timely appeal was filed
• ☐ Exhibit G — Post-decision compliance demand and delivery proof
• ☐ Exhibit H — Evidence of Defendant's noncompliance and Plaintiff's resulting injury

12. SOURCES AND REFERENCES

• New Hampshire General Court — current RSA 357-D
• New Hampshire General Court — RSA 358-A:2
• New Hampshire General Court — RSA 358-A:10
• New Hampshire DMV — New Motor Vehicle Arbitration Board