Lemon Law Complaint - Wyoming

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

IN AND FOR [________________________________] COUNTY, WYOMING

Civil Action No. [________________________________]

COMPLAINT UNDER WYO. STAT. § 40-17-101

Plaintiff alleges as follows:

1. PARTIES

1. Plaintiff [________________________________] resides in [________________________________] County, Wyoming.

2. Plaintiff is a consumer under Wyo. Stat. § 40-17-101(a)(i) because Plaintiff [purchased the vehicle other than for resale while an express warranty applied / received the vehicle during the applicable express-warranty term / is entitled by the warranty's terms to enforce it].

3. Defendant [________________________________] issued the manufacturer's express warranty applicable to the vehicle.

2. JURISDICTION, VENUE, AND TIMELINESS

4. The Wyoming Constitution, article 5, § 10, gives this Court original jurisdiction over causes at law and in equity. Wyo. Stat. § 40-17-101(k) authorizes an injured consumer to bring a civil action to enforce the section.

5. Counsel has confirmed that venue is proper in this county under current Wyoming law.

6. Section 40-17-101 does not state a civil-action filing period. Counsel has separately confirmed that this action is timely under every applicable limitations rule.

3. VEHICLE AND EXPRESS WARRANTY

7. The vehicle and transaction are:

8. The vehicle is covered by § 40-17-101(a)(ii) because it is self-propelled, is not moved solely by human power, has an unladen weight under 10,000 pounds, and was [sold / registered] in Wyoming.

9. Defendant issued the following written warranty labeled as the manufacturer's express warranty: [________________________________].

4. REPORT, NONCONFORMITY, AND REPAIR HISTORY

10. Within one year after original delivery, Plaintiff reported the following failure to conform to the express warranty to Defendant, its agent, or its authorized dealer: [________________________________]. See Wyo. Stat. § 40-17-101(b).

11. Defendant, its agent, or its authorized dealer was required to make the necessary warranty repairs even if the one-year period later expired.

12. The defect or condition substantially impairs both the vehicle's use and its fair market value because [________________________________].

13. The repair history is:

14. Complete every applicable allegation under § 40-17-101(d):

• ☐ Within the statutory period, the same nonconformity was subject to repair more than three times—that is, at least four times—and continues to exist.
• ☐ Within the statutory period, the vehicle was out of service due to repair for at least thirty cumulative business days.
• ☐ Even without relying on the presumption, the actual history establishes a reasonable number of attempts: [________________________________].

15. Any extension under § 40-17-101(j) for time when the vehicle could not reasonably be repaired because of war, invasion, act of terror, civil unrest, strike, fire, flood, or natural disaster is [not applicable / calculated as follows: ________________________________].

5. DIRECT WRITTEN NOTICE AND OPPORTUNITY TO CURE

16. Before relying on the subsection (d) presumption, Plaintiff sent Defendant prior direct written notification of the alleged defect on [__/__/____]. Defendant received it on [__/__/____]. A copy and proof of delivery are attached as Exhibit [____]. See § 40-17-101(h).

17. Defendant received a reasonable opportunity to cure after that notice. The vehicle was made available on [__/__/____], and the result was [________________________________].

6. INFORMAL DISPUTE SETTLEMENT PROCEDURE

18. Complete the applicable allegation under § 40-17-101(f):

• ☐ Defendant maintains an informal dispute settlement procedure that complies with applicable federal statute and regulation. Plaintiff exhausted that procedure on [__/__/____], with this result: [________________________________].
• ☐ Defendant does not maintain a qualifying informal dispute settlement procedure.
• ☐ The procedure Defendant identified does not comply with the applicable federal requirements for the following reason: [________________________________].

7. CLAIM FOR VIOLATION OF § 40-17-101

19. Plaintiff incorporates the preceding allegations.

20. Defendant, its agents, or its authorized dealers were unable after a reasonable number of attempts to conform the vehicle to the applicable express warranty by repairing or correcting the defect or condition that substantially impairs both its use and fair market value.

21. Defendant has not provided either remedy required by § 40-17-101(c): replacement with a new or comparable vehicle of the same type and similarly equipped, or acceptance of the vehicle's return and the required refund.

22. The nonconformity is not the result of Plaintiff's abuse, neglect, or unauthorized modification or alteration.

23. Plaintiff has been injured by Defendant's violation and may enforce § 40-17-101 through this civil action.

8. REQUEST FOR RELIEF

Plaintiff requests judgment against Defendant and the relief supported by the evidence, including:

1. An order requiring Defendant to provide one of the remedies in § 40-17-101(c):

• Replacement with a new or comparable motor vehicle of the same type and similarly equipped; or
• Acceptance of the vehicle's return and a refund to Plaintiff and any lienholder, as their interests appear, of the full purchase price including all collateral charges, less only the reasonable allowance for use defined in § 40-17-101(a)(iii).

2. A determination that the reasonable use allowance includes only use before the first report of nonconformity and later periods when the vehicle was not out of service due to repair; the statute prescribes no fixed mileage-divisor formula;
3. Reasonable attorney fees from Defendant under § 40-17-101(k); and
4. Any other relief the Court determines is available and proper.

9. SIGNATURE

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________

[Attorney Name], Wyoming State Bar No. [__________]

[Address]

[Telephone]

[Email]

Counsel for Plaintiff

EXHIBIT CHECKLIST

• ☐ Purchase or covered-transfer documents
• ☐ Express warranty
• ☐ Repair orders and invoices
• ☐ Prior direct written notice and proof of delivery
• ☐ Cure-opportunity records
• ☐ Informal dispute procedure records, if applicable
• ☐ Business-day out-of-service calculation
• ☐ Purchase-price, collateral-charge, and lien records

SOURCES AND REFERENCES

• Wyoming Legislature — current Title 40, § 40-17-101 at pp. 241–243
• Wyoming Legislature — Constitution, article 5, § 10 at pp. 31–32