West Virginia Lemon Law Attorneys

Which West Virginia court hears a lemon law or warranty lawsuit?

Usually the general civil trial court for the county where you live or where the car was sold, and for each city below that is a county circuit court. Huntington is split, since per the 2020 Census parts of it lie in Cabell County and Wayne County, which have the Circuit Court of Cabell County in the Sixth Judicial Circuit and the Circuit Court of Wayne County in the Tenth. Wheeling is split too, between Ohio County, in the First Judicial Circuit, and Marshall County, in the Second. Morgantown is in Monongalia County and the Twenty-First Judicial Circuit, Parkersburg in Wood County and the Fourth, Martinsburg in Berkeley County and the Twenty-Seventh, and Beckley in Raleigh County and the Fourteenth, while Clarksburg and Bridgeport are both in Harrison County, with the Circuit Court of Harrison County in the Nineteenth, and Bluefield and Princeton in Mercer County, with the Circuit Court of Mercer County in the Thirteenth. West Virginia also has a lower court for smaller civil claims, so the amount in dispute can change where a case is filed. A Magnuson-Moss claim can go to Federal District Court as well (15 U.S.C. §2310(d)(1)) when damages exceed $50,000 or party diversity permits it. In the end, which court hears a particular case still depends on its facts, the warranty issues involved and the law it is brought under.

What do West Virginia lemon law attorneys need from you?

Every repair order, the visits where the technician found nothing included, since we count each attempt from a dealer repair order. After that the list is short.

• the purchase or lease contract
• the warranty booklet, which shows the express warranty term the 1-year deadline runs from
• emails, texts and letters with the dealer or the manufacturer
• receipts for towing, rentals and lodging, because those costs are often recoverable

It helps to jot down the date, the mileage and the symptom whenever the problem shows up. You can also look up your VIN for recall notices at nhtsa.gov/recalls.

What does the West Virginia statute say about a defect that could hurt someone?

It takes just 1 repair attempt when the nonconformity is likely to cause death or serious bodily injury if the vehicle is driven, where any other defect needs 3 attempts for the same problem or 30 cumulative calendar days out of service. Prior written notification to the manufacturer and at least one opportunity to cure are required either way.

A 2022 Jeep Wrangler we handled in South Carolina was bought new from Piedmont Chrysler Jeep Dodge in Anderson on July 11, 2022. Three days later, at 186 miles, it went back because it pulled right with vibration at highway speeds. By 7,130 miles it shook violently over bumps above 50 mph, which is the Jeep "death wobble". At 25,144 miles a recall-related repair was done, and it didn't fix the problem. By 28,280 miles the wobble came on at 70 mph, and after four repair attempts over about 18 months the steering was still not fixed.

What if my car doesn't meet the statute's repair count?

Other laws can still apply. Breach of warranty claims, the Magnuson-Moss Warranty Act and West Virginia's unfair trade practices and consumer protection statutes can each reach a defect that falls short of the West Virginia repair count. So can the UCC implied warranties. Merchantability under UCC §2-314 covers sales of goods by merchants, used vehicles included, and it's a lower bar than the lemon law's substantial impairment, while fitness for a particular purpose under UCC §2-315 applies when a buyer relied on the seller's advice for a specific use, such as towing.