Looking to sue American Home Shield? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people with claims against American Home Shield and other big companies that ripped them off get over $8 million in settlement offers… [continued below]
Maybe you’ve tried all the American Home Shield customer service options. Maybe you’ve even tried other ways to bring your American Home Shield complaint.
But people say it’s hard to get a refund from American Home Shield. And while you might think you have the right to a class action lawsuit against Home Shield, it’s actually more complicated.
A lot of companies like American Home Shield add what’s called an arbitration clause to their contracts. It gives them the right to force legal claims out of state or federal courts. But you still have rights to sue American Home Shield.
Here’s what you can do…
The first way to sue American Home Shield is through consumer arbitration. If your contract has an arbitration clause it gives you the right take legal action against American Home Shield through an officially-designated, independent dispute process that’s not a court and won’t require showing up in person. This can be a better option for a lot of regular people.
The second way to sue American Home Shield, if you want to avoid the arbitration system, is to use Small Claims Court. While their contract may keep lawsuits out of state and federal courts, they can’t stop you from pursuing the small claims process. If you’re ready to sue American Home Shield on your own, read on below:
Before you head to your courthouse steps to sue American Home Shield in small claims court, you have to make sure your claim qualifies. There are two areas you must meet to bring your claim before the court:
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
This can be a simple and straightforward letter, one that just tells American Home Shield 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.
According to our most recent research, American Home Shield is legally based in Delaware and receives mail at this address:
AMERICAN HOME SHIELD CORPORATION
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 sueAmerican Home Shield 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.
Now you have to file your claim officially. Many courts willrequire 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 American Home Shield in small claims. This fee, which will be published on your court’s website, can sometimes be waved if you are 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.
Suing American Home Shield in small claims is a long and tough process. You have to ask nicely, fill out the right forms, bring them to court, and now you have to “serve” the company, saying you are going to sue American Home Shield.
To do this, you need to deliver a copy of your filed papers to American Home Shield.
Look at your court’s website for instructions on how to properly deliver your forms to American Home Shield, 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 courtclerk 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 American Home Shield.
Sometimes, American Home Shield will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Going to court is a pain! Going through arbitration is often much faster and cheaper. You can start your claim now for free:
FairShake’s team of experts can help you submit your claim for arbitration for free. Here’s how it works: