Looking to sue Ally? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Ally. And we’ve helped get millions of dollars in settlement offers…
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Tired of hitting dead ends when trying to get a refund from Ally? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Ally customer service options, but still feel unheard.
There are different ways to file a complaint against Ally, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Ally, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Ally to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Ally contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
Learn more about the consumer arbitration process here.
If you’re ready to sue Ally in Small Claims Court, read on below:
Are you ready to take Ally to small claims court? Small claims courts are restricted to particular sorts of issues, so start by making sure yours qualifies. There are two things you should keep an eye on:
Every small claims court sets a maximum dollar size for the claim you can bring. In most states it’s either $5000 or $10,000, but it can be as low as $2,500 (in Kentucky and Rhode Island). You can find a list of all 50 states’ monetary limits here.Small claims
courts generally demand that you first attempt to resolve your issue with the person you’re suing (the “defendant”) on your own before filing a claim. So, if you want to sue Ally in small claims court, you must first send them a demand letter.
You can write your letter in a few lines. Tell Ally who you are (your name, address, phone number, and account number), what the problem is, and what you want them to do about it. The entire letter might be only a few sentences long; remember that you’re simply checking a box before submitting your real claim.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address.
According to our most recent research, Ally is legally based in Delaware and receives mail at this address. (Check your contract to confirm if this is the correct address for legal notices):
ALLY FINANCIAL INC.
C/O THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER 1209 ORANGE ST
WILMINGTON, DE 19801
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
In order to sue
Ally in small claims court, you’re going to need to fill out some paper work.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. The correct forms for your location will be available for free on your state court’s website.
Make sure you fill out enough forms – most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don’t have the right number, they will not accept your claim.
When you’re done filling out the court forms, it’s time to give those forms to the court. This process, called “filing” can be a bit tricky.
Many courts will
require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (for a few courts) online.
All courts will require you to pay a filing fee before they allow your to sue Ally in small claims. This fee, which will be published on your court’s website, can sometimes be waved if you are low income based on certain requirements.
When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe and bring it with you on the day of your hearing.
If you’ve made
it this far – good work! Suing Ally in small claims can be a long and tough process.
Once you’ve filed the documents necessary to bring your lawsuit against Ally, you must notify them of the suit. This is known as “serving” Ally. You must deliver a copy of your filed papers to Ally in order to do this.
Look at your court’s website for instructions on how to properly deliver your forms to Ally, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant, and your claim will be dropped if you do not follow them perfectly. So be careful!
When the court
clerk gives you a court date (after you file your forms), make sure to put it on your calendar.
Make sure you know which courthouse to go to. Bring your copy of your filed forms, and any other evidence that backs up your case against Ally.
Sometimes, Ally will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Not looking to go to small claims court?
Share your complaint and learn your options. Some complaints may be matched to an attorney.
The Ultimate Guide to Consumer Complaints
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