IN THE [COUNTY] SUPERIOR COURT
STATE OF NEW HAMPSHIRE
Docket No. ____
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT MANUFACTURER NAME],
Defendant.
COMPLAINT
(Statutory “Lemon Law” – N.H. Rev. Stat. Ann. §§ 357-D:1 et seq.)
Jury Trial Demanded
[// GUIDANCE: Delete bracketed comments before filing. Fill every [PLACEHOLDER] and confirm factual allegations with client documentation.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Definitions
- General Allegations
- Count I – Violation of New Hampshire Lemon Law (RSA 357-D)
- Count II – Breach of Express Warranty (Magnuson–Moss, 15 U.S.C. §§ 2301 et seq.) [optional]
- Count III – Violation of New Hampshire Consumer Protection Act (RSA 358-A) [optional]
- Prayer for Relief
- Jury Demand
- Reservation of Rights
- Verification
- Certificate of Service
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual of legal age, residing at [PLAINTIFF ADDRESS], who purchased the Vehicle described herein primarily for personal, family, or household use.
1.2 Defendant. [DEFENDANT MANUFACTURER NAME] (“Defendant”) is a [corporation/LLC] organized under the laws of [STATE OF INCORP.] with its principal place of business at [ADDRESS], authorized to do business in New Hampshire and regularly transacting business within this State.
1.3 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under RSA 491:7 and RSA 357-D because the amount in controversy exceeds $[AMOUNT] and the action arises under New Hampshire’s New Motor Vehicle Arbitration (“Lemon Law”) statute.
1.4 Personal Jurisdiction. Defendant is subject to personal jurisdiction pursuant to RSA 510:4 for transacting business and marketing motor vehicles within New Hampshire.
1.5 Venue. Venue is proper in this Court under RSA 507:9 because a substantial portion of the events giving rise to Plaintiff’s claims occurred in this county.
1.6 Exhaustion of Statutory Remedies. Plaintiff participated in the mandatory informal dispute-resolution procedure established under RSA 357-D by submitting the dispute to the New Motor Vehicle Arbitration (“Board”) on [DATE]. The Board’s decision, issued on [DATE], [DESCRIPTION—e.g., “awarded Plaintiff a refund, which Defendant has failed to honor”/“was adverse, thereby permitting judicial relief pursuant to RSA 357-D”].
[// GUIDANCE: If no arbitration required (e.g., manufacturer lacks certified program) explain statutory exemption.]
2. DEFINITIONS
For purposes of this Complaint, the following capitalized terms shall have the meanings set forth below. Terms in the singular include the plural and vice-versa.
2.1 “Consumer” means the purchaser, lessee, or registered owner of a new motor vehicle, or any person to whom the motor vehicle is transferred during the warranty period. RSA 357-D:1, I.
2.2 “Vehicle” means the [YEAR, MAKE, MODEL, VIN] motor vehicle purchased by Plaintiff on [PURCHASE DATE] from [DEALERSHIP] for a total cash price of $[PRICE].
2.3 “Nonconformity” means a defect or condition that substantially impairs the use, market value, or safety of the Vehicle and that is covered by the Defendant’s express warranty. RSA 357-D:1, VII.
2.4 “Repair Attempt” means each opportunity given to Defendant or its authorized agents to remedy a Nonconformity.
2.5 “Reasonable Number of Attempts” means (a) four or more Repair Attempts for the same Nonconformity, or (b) the Vehicle is out of service by reason of repair for a cumulative total of thirty or more business days during the warranty period. RSA 357-D:3.
3. GENERAL ALLEGATIONS
3.1 On [PURCHASE DATE], Plaintiff purchased the Vehicle from [DEALER NAME] for personal use, receiving Defendant’s written new-vehicle limited warranty.
3.2 Beginning on or about [FIRST DEFECT DATE], the Vehicle exhibited the following Nonconformities:
a. [DESCRIPTION OF DEFECT #1]
b. [DESCRIPTION OF DEFECT #2]
c. [Etc.]
3.3 Plaintiff presented the Vehicle to Defendant’s authorized repair facilities on at least [NUMBER] separate occasions, totaling [NUMBER] days out of service, as documented in the Repair Orders attached hereto as Exhibit A.
3.4 Despite a Reasonable Number of Attempts, the Nonconformities persist and substantially impair the Vehicle’s use, value, and safety.
3.5 Plaintiff provided written notice of the Nonconformities to Defendant pursuant to RSA 357-D:3 on [NOTICE DATE].
3.6 Defendant has refused or failed to replace the Vehicle or refund the purchase price as required by RSA 357-D:4.
3.7 All conditions precedent to filing this action have been performed, excused, or waived.
4. COUNT I – VIOLATION OF NEW HAMPSHIRE LEMON LAW
(N.H. Rev. Stat. Ann. §§ 357-D:1 et seq.)
4.1 Plaintiff realleges and incorporates by reference paragraphs 1.1 through 3.7 above.
4.2 The Vehicle contains one or more Nonconformities covered by Defendant’s express warranty that substantially impair its use, safety, and value.
4.3 Defendant was afforded a Reasonable Number of Attempts to cure each Nonconformity but failed to do so.
4.4 Under RSA 357-D:4, Defendant is obligated, at Plaintiff’s option, to (a) replace the Vehicle with a comparable new motor vehicle acceptable to Plaintiff, or (b) refund the full contract price, including all collateral charges, less a reasonable allowance for use as defined by statute.
4.5 Defendant’s refusal to comply constitutes a violation of RSA 357-D, entitling Plaintiff to statutory remedies, incidental and consequential damages, attorneys’ fees, costs, and equitable relief.
5. COUNT II – BREACH OF EXPRESS WARRANTY
(Magnuson–Moss Warranty Act, 15 U.S.C. §§ 2301 et seq.) [Optional]
5.1 Plaintiff realleges paragraphs 1.1 through 3.7.
5.2 Defendant’s written warranty constitutes a “written warranty” under 15 U.S.C. § 2301(6).
5.3 Defendant breached the warranty by failing to repair or replace the Vehicle’s Nonconformities within a reasonable time.
5.4 Plaintiff seeks all remedies available under 15 U.S.C. § 2310(d), including damages, costs, and attorneys’ fees.
6. COUNT III – VIOLATION OF NEW HAMPSHIRE CONSUMER PROTECTION ACT
(RSA 358-A) [Optional]
6.1 Plaintiff realleges paragraphs 1.1 through 3.7.
6.2 Defendant’s deceptive and unfair practices, including misrepresentations regarding the Vehicle’s quality and warranty obligations, violate RSA 358-A:2.
6.3 Plaintiff is entitled to treble damages, costs, and attorneys’ fees pursuant to RSA 358-A:10.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
a. An Order requiring Defendant to, at Plaintiff’s election, (i) replace the Vehicle with a new, comparable vehicle acceptable to Plaintiff or (ii) refund the full purchase price, including collateral charges, finance charges, sales tax, registration fees, and all other amounts recoverable under RSA 357-D;
b. An award of incidental and consequential damages in an amount to be proven at trial, but in no event to exceed the Vehicle’s fair market value plus allowable collateral charges;
c. Reasonable attorneys’ fees and costs pursuant to RSA 357-D and 15 U.S.C. § 2310(d)(2);
d. Pre- and post-judgment interest as allowed by law;
e. Punitive or enhanced damages as permitted under RSA 358-A (if Count III is pursued);
f. Such other and further legal or equitable relief, including injunctive relief compelling compliance with statutory duties, as the Court deems just and proper.
8. JURY DEMAND
Pursuant to Part I, Article 20 of the New Hampshire Constitution and Rule 8 of the New Hampshire Rules of Civil Procedure, Plaintiff demands a trial by jury on all issues so triable.
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to add additional claims, parties, or remedies as discovery may reveal.
10. VERIFICATION
I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
Date: __ , 20
[PLAINTIFF NAME]
State of New Hampshire
County of ____
Subscribed and sworn before me on this _ day of _, 20.
Notary Public / Justice of the Peace
My Commission Expires: _______
11. CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Complaint was this day served upon counsel for Defendant, [DEFENSE COUNSEL NAME & ADDRESS], by [hand delivery / first-class mail / NH e-Court filing system] in accordance with Rule 5 of the New Hampshire Rules of Civil Procedure.
Date: __ , 20
[PLAINTIFF’S COUNSEL NAME] (NH Bar #____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
[// GUIDANCE:
1. Confirm that the client completed any required state or manufacturer arbitration; adjust ¶1.6 and Exhibit references accordingly.
2. If arbitration was not mandatory (e.g., manufacturer lacked a certified program), replace ¶1.6 with statutory grounds for direct filing.
3. Attach supporting Exhibits (Purchase Agreement, Repair Orders, Arbitration Decision, etc.) at filing.
4. Re-calculate any “reasonable allowance for use” per RSA 357-D:4 and insert concrete numbers if desired.
5. The “liability cap” metadata has been respected by limiting damages to Vehicle value plus collateral charges and statutory add-ons.
6. Delete optional counts if not pursued; they are included to preserve alternative theories and fee-shifting avenues.
7. Verify local rule requirements for font, margins, and electronic filing signatures before submission.]