How to File a Montana Lemon Law Claim

Filing a Montana claim under the New Motor Vehicle Warranty Act follows a defined sequence, anchored by written notice, in-state arbitration, and the 18,000-mile window.

Step 1 — Document repair attempts (before 18,000 miles)

Within the warranty period (2 years or 18,000 miles):

• 4 or more attempts for the same nonconformity; OR
• 30 or more cumulative business days out of service.

Because Montana’s high annual mileage hits the 18,000-mile cap fast, build the record early. Keep every repair order. See documenting evidence.

Step 2 — Give written notice

Send the manufacturer written notice of the nonconformity — a prerequisite to eligibility for a refund or replacement (§ 61-4-502(3)). Keep proof of delivery.

Step 3 — Use the in-state arbitration program

Pursue arbitration — held in Montana:

• A certified IDS if the manufacturer has one (a prerequisite to its protections, § 61-4-507).
• The Department of Justice program (§ 61-4-515).
• Arbitration de novo if an IDS was nonconforming (§ 61-4-520).

Step 4 — The remedy

If you prevail, the manufacturer elects a refund or replacement (§ 61-4-503) — the refund returning the full price plus collateral charges, minus the 100,000-mile offset.

Step 5 — Court and the fee statutes

Because the lemon law has no fee provision, pair a court action with:

• Montana CPA (§ 30-14-133) — actual damages, discretionary treble (no dollar cap), and discretionary fees (capped at $250/hour; none if recovery is $100,000 or more); a lemon-law violation is a per se CPA violation (§ 61-4-533).
• Magnuson-Moss (§ 2310(d)(2)) — the federal fee hook (D. Mont.).

Common filing mistakes

• Passing 18,000 miles before building the record.
• Skipping written notice to the manufacturer.
• Relying on the lemon law alone for fees — plead the CPA and Magnuson-Moss.

Bottom line

Document attempts before 18,000 miles, give written notice, use the in-Montana arbitration program, and plead the CPA and Magnuson-Moss for fees. Get a free case review.

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