Missouri's Repair-Attempt Presumption (4 Attempts / 30 Working Days OOS)
How Mo. Rev. Stat. § 407.567 establishes 'reasonable number of attempts' — 4-attempt or 30-working-day OOS thresholds within the 1-year Rights Period.
Under Missouri Lemon Law (§ 407.567), the manufacturer has had a “reasonable number of attempts” to repair when statutory thresholds are met. Once met, the burden shifts to the manufacturer to prove the vehicle is not a lemon.
The two thresholds
Either threshold satisfies the presumption:
- Four or more repair attempts for the same nonconformity within the Rights Period; OR
- 30 or more cumulative working days out of service for any nonconformity.
Both apply within the 1-year Rights Period.
The 4-attempt rule
§ 407.567 sets a 4-attempt presumption. Each “attempt” must be:
- At a manufacturer-authorized service facility.
- Documented in a repair order.
- For the same nonconformity (consistent complaint language).
- Within the 1-year Rights Period.
The 30-working-day OOS rule
§ 407.567 provides for 30 or more cumulative working days out of service. “Working days” = business days (excludes weekends and holidays).
Missouri’s working-day counting joins:
- Colorado: 30 business days.
- Indiana: 30 business days.
- Massachusetts: 15 business days.
- Minnesota: 30 business days.
- North Carolina: 20 business days.
Working-day counting is more consumer-favorable than calendar-day jurisdictions (CT/GA/VA/CA/NJ/NY/TX/WA/OH/IL/PA/WI/TN at 30 calendar days).
30 working days ≈ 42 calendar days (excluding weekends).
Written notice requirement
§ 407.569 requires the consumer to give the manufacturer written notice of the defect and at least one final opportunity to repair before the Lemon Law applies. The notice should:
- Identify the nonconformity.
- Reference the prior repair attempts.
- Demand a final repair opportunity.
- Be sent via certified mail (return receipt requested).
See our how to file a claim guide for the notice template.
Missouri vs. peer-state thresholds
| State | Attempts | OOS Days |
|---|---|---|
| Missouri | 4 | 30 working |
| Tennessee | 3 | 30 calendar |
| Indiana | 4 | 30 business |
| Massachusetts | 3 | 15 business |
| Georgia | 1 (safety) / 3 | 30 |
| Virginia | 1 (safety) / 3 | 30 |
| Minnesota | 1 (safety) / 4 | 30 business |
| Connecticut | 4 | 30 calendar |
| North Carolina | 4 | 20 business |
| Colorado | 4 | 30 business |
| Wisconsin | 4 | 30 |
| California | 2 (safety) / 4 | 30 |
| Washington | 4 / 2 (safety) | 30 |
Missouri sits in the middle on attempts (4) but is consumer-favorable on OOS counting (working days). No single-attempt safety exception.
Bottom line
Missouri requires 4 attempts or 30 working days OOS within the 1-year Rights Period plus written notice of a final repair opportunity. The working-day OOS counting is consumer-favorable. Move quickly — the 1-year window forces fast action.
Related
Magnuson-Moss Warranty Act in Missouri
How the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301) overlays Missouri's § 407.560 Lemon Law and provides federal-court access through E.D. Mo. and W.D. Mo.
Read → ArticleMissouri Merchandising Practices Act (MMPA) — Post-2020 SB 591
Mo. Rev. Stat. § 407.010 et seq. — MMPA punitive damages, mandatory attorney fees, 5-year SOL, and the significant 2020 SB 591 reforms that narrowed MMPA's historical strength.
Read → ArticleMissouri Lemon Law Statute (§ 407.560)
Mo. Rev. Stat. § 407.560 et seq. — Missouri Magnuson-Moss New Vehicle Warranties Act. Core eligibility, 1-year Rights Period, mandatory § 407.577 attorney fees.
Read → ArticleMissouri Lemon Law Statute of Limitations
Missouri's timing rules — the short 1-year Rights Period, generous 5-year MMPA SOL, and 4-year Magnuson-Moss / UCC backstop.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.