LemonLawVerdict

Guide

Counting days out of service: calendar vs business days

The days prong is where arithmetic quietly decides claims. Calendar-day states (California, Texas, Florida, New York and most others) count every day the vehicle is in the shop, weekends included. Business-day states — Illinois, Alaska, Hawaii, Idaho, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Montana, New Mexico, North Dakota, Oklahoma, South Dakota, Utah, Wyoming and Colorado (24) among them — count only business days, so 30 business days is roughly six calendar weeks.

Two refinements: Kentucky counts only days for the SAME defect; Arkansas excludes legal holidays; Washington stops the countable-miles clock at the 15th cumulative day for days-only motor home claims. And in Wisconsin, a vehicle 'out of service' includes days it sits in your driveway incapable of service because of the defect (Vultaggio v. General Motors).

Count from the repair orders, in and out dates, and keep the orders. When in doubt, count both ways — the checker uses your state's rule, and the kit worksheet shows both counts side by side.

Included in the $39 Lemon Verdict Pack

The repair-log tracker, your state's notice letter, the buyback worksheet, and your deadline calendar.

See the Lemon Verdict Pack

Information, not legal advice. Checked October 23, 2026.