How to Sue American Express

SEND A DEMAND LETTER.

Your demand letter can be simple and straightforward. Explain to American Express who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The whole letter can be a few sentences.

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. American Express is legally based in Delaware and receives mail at this address :

AMERICAN EXPRESS COMPANY
CT CORPORATION SYSTEM
111 EIGHTH AVENUE
NEW YORK, NEW YORK, 10011

If you would like examples of demand letters or more information about how to write them, you can refer to this excellent guide.

FILL OUT COURT FORMS.

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 of forms, they will not accept your claim.

FILE YOUR COMPLAINT FORM WITH THE COURT.

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 complicated.

All courts will require you to pay a filing fee before they allow you to sue American Express in small claims court. This fee, which will be published on your court’s website, is sometimes waived if you qualify as a low income plaintiff.

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.

“SERVE” YOUR FORMS ON AMERICAN EXPRESS.

If you’ve made it this far, good work! Suing American Express in small claims is a long and difficult process.

Now that you’ve filed the papers required to start your case against American Express, you need to tell American Express that you have officially sued the company. This is a called “serving” American Express. To do this, you need to deliver a copy of your filed paperwork to American Express.

Look at your court’s website for instructions on how to properly deliver your forms to American Express, 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.

SHOW UP FOR YOUR COURT DATE.

When the 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 is holding the small claims hearing. Bring the copies of your filed forms, and any other evidence that backs up your case against American Express.

Sometimes, American Express will not show up to oppose you. If that happens, take advantage of the situation by emphasizing on your side of the story.