VIRGINIA STATE COURT
COMPLAINT FOR VIOLATION OF THE VIRGINIA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT
(“Virginia Lemon Law,” Va. Code Ann. §§ 59.1-207.9 – 207.16)
[// GUIDANCE: This template is drafted for use in any circuit or general district court of the Commonwealth of Virginia. Confirm subject-matter jurisdiction and monetary limits before filing.]
TABLE OF CONTENTS
- Document Header & Caption
- Definitions
- Parties, Jurisdiction, and Venue
- Factual Allegations
- Causes of Action
5.1 Count I – Violation of Va. Code Ann. §§ 59.1-207.9 – 207.16
5.2 Count II – Breach of Express Warranty (Va. Code Ann. § 59.1-504, U.C.C. Art. 2) (optional)
5.3 Count III – Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq. (optional) - Demand for Jury Trial
- Prayer for Relief
- Attorney Certification (Va. Sup. Ct. R. 1:4(c))
- Verification (if required)
- Signature Block
1. DOCUMENT HEADER & CAPTION
IN THE [CIRCUIT/GENERAL DISTRICT] COURT OF [______] COUNTY/CITY, VIRGINIA
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. Civil Action No. ____
[DEFENDANT MANUFACTURER NAME],
[DEFENDANT DEALER NAME] (if applicable),
Defendants.
COMPLAINT
COMES NOW Plaintiff [PLAINTIFF NAME] (“Plaintiff”), by counsel, and for his/her Complaint against [DEFENDANT(S)] (collectively, “Defendants”), alleges as follows:
2. DEFINITIONS
For purposes of this Complaint, the following terms have the meanings set forth below. Defined terms appear in Bold throughout.
A. Act – The Virginia Motor Vehicle Warranty Enforcement Act, Va. Code Ann. §§ 59.1-207.9 – 207.16.
B. Vehicle – The [YEAR], [MAKE], [MODEL], VIN No. [____], purchased/leased by Plaintiff on [DATE].
C. Nonconformity – Any defect or condition that significantly impairs the use, market value, or safety of the Vehicle.
D. Express Warranty – The written warranties issued by [MANUFACTURER] covering the Vehicle.
E. Reasonable Number of Repair Attempts – The threshold defined in Va. Code Ann. § 59.1-207.13(B).
[// GUIDANCE: Add, delete, or edit definitions to match the facts of your case.]
3. PARTIES, JURISDICTION, AND VENUE
3.1 Plaintiff is an individual resident of [COUNTY/CITY], Virginia, and at all relevant times was the purchaser/lessee of the Vehicle.
3.2 Defendant [MANUFACTURER] is a [STATE OF INCORPORATION] corporation with its principal place of business at [ADDRESS] and is authorized to transact business in Virginia.
3.3 Defendant [DEALER] is a Virginia-licensed motor vehicle dealer operating at [ADDRESS].
3.4 The amount in controversy, exclusive of interest and costs, does not exceed the fair market value of the Vehicle, presently estimated at $[_____], thereby satisfying the monetary jurisdiction of this Court.
3.5 Venue is proper under Va. Code Ann. § 8.01-262 because Defendants regularly conduct business in this jurisdiction and the cause of action arose herein.
4. FACTUAL ALLEGATIONS
4.1 On or about [PURCHASE DATE], Plaintiff purchased/leased the Vehicle from [DEALER] for $[PURCHASE PRICE], accompanied by the Express Warranty.
4.2 The Vehicle has exhibited the following Nonconformities: [DESCRIBE DEFECTS IN DETAIL, INCLUDING DATES, MILEAGE, AND SYMPTOMS].
4.3 Plaintiff presented the Vehicle to [AUTHORIZED REPAIR FACILITY] for repair on at least [NUMBER] occasions, specifically on [LIST DATES], yet the Nonconformities persist. Attached hereto as Exhibit A are true and correct copies of the repair orders.
4.4 More than eighteen (18) months have elapsed since the date of original delivery, and/or the Vehicle has been out of service for repair for an aggregate of thirty (30) or more calendar days, satisfying the statutory presumption of a Reasonable Number of Repair Attempts under Va. Code Ann. § 59.1-207.13(C).
4.5 To the extent an informal dispute settlement procedure (“IDSP”) certified under 16 C.F.R. Part 703 exists, Plaintiff has [participated in/complied with/not been offered] such procedure. [If participated, insert outcome and attach decision as Exhibit B.]
4.6 Defendants have failed or refused to either (i) replace the Vehicle with a comparable vehicle acceptable to Plaintiff, or (ii) refund the purchase price less a reasonable allowance for use, as mandated by Va. Code Ann. § 59.1-207.13(A).
4.7 As a direct and proximate result of Defendants’ statutory violations, Plaintiff has suffered damages including but not limited to loss of use, diminution in value, costs of repair, incidental and consequential damages, and attorney’s fees.
5. CAUSES OF ACTION
5.1 COUNT I – VIOLATION OF THE VIRGINIA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT
5.1.1 Plaintiff realleges and incorporates Paragraphs 1 through 4.7 as though fully set forth herein.
5.1.2 Defendants issued the Express Warranty and are “manufacturer” and “dealer” within the meaning of Va. Code Ann. § 59.1-207.11.
5.1.3 The Vehicle developed one or more Nonconformities that substantially impair its use, value, or safety.
5.1.4 Despite being afforded a Reasonable Number of Repair Attempts, Defendants failed to correct the Nonconformities.
5.1.5 Defendants’ failure constitutes a violation of Va. Code Ann. § 59.1-207.13, entitling Plaintiff to the statutory remedies provided in Va. Code Ann. § 59.1-207.14.
5.1.6 Pursuant to Va. Code Ann. § 59.1-207.14(A), Plaintiff demands, at Plaintiff’s sole option, (i) replacement of the Vehicle with a comparable new motor vehicle acceptable to Plaintiff, or (ii) a refund of the full contract price, together with collateral charges, finance charges, incidental damages, and reasonable attorney’s fees.
[// GUIDANCE: Optional additional counts are provided below. Include as appropriate.]
5.2 COUNT II – BREACH OF EXPRESS WARRANTY (optional)
5.3 COUNT III – MAGNUSON-MOSS WARRANTY ACT (optional)
6. DEMAND FOR JURY TRIAL
Pursuant to Article I, § 11 of the Constitution of Virginia and Rule 3:21 of the Rules of the Supreme Court of Virginia, Plaintiff demands trial by jury on all issues so triable.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendants as follows:
A. Ordering Defendants to replace the Vehicle with a new, comparable vehicle acceptable to Plaintiff, or alternatively to refund to Plaintiff the full purchase price, less a reasonable allowance for use, consistent with Va. Code Ann. § 59.1-207.14;
B. Awarding incidental, consequential, and other damages allowed by law, not to exceed the fair market value of the Vehicle at the time of judgment;
C. Awarding reasonable attorney’s fees, expert fees, and costs of suit pursuant to Va. Code Ann. § 59.1-207.14(A);
D. Awarding pre- and post-judgment interest as permitted by law; and
E. Granting such other and further relief as the Court deems just and proper, including the issuance of temporary, preliminary, and/or permanent injunctive relief.
8. ATTORNEY CERTIFICATION (Va. Sup. Ct. R. 1:4(c))
I hereby certify that, to the best of my knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.
9. VERIFICATION (include if required by local practice)
[PLAINTIFF NAME], being first duly sworn, deposes and states that the factual allegations contained in this Complaint are true and correct to the best of his/her knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn before me on this ___ day of ____, 20__.
Notary Public
My commission expires: ____
10. SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (VSB No. _)
[LAW FIRM NAME]
[STREET ADDRESS]
[ CITY, STATE ZIP ]
Telephone: [--]
Email: [______]
Counsel for Plaintiff
EXHIBITS
A. Repair Orders/Service Records
B. IDSP Decision/Correspondence (if applicable)
C. Purchase/Lease Agreement
[// GUIDANCE:
1. Confirm that all statutory references remain current at the time of filing.
2. Attach all supporting documentation as numbered exhibits.
3. If arbitration or an IDSP applies, plead exhaustion or futility to preserve the cause of action.
4. Remove optional counts if not pursued; renumber remaining sections accordingly.
5. Check local rules for additional pleading requirements, including civil cover sheets and service information.]