Your Amway Contract probably says you can’t sue Amway in any court except Small Claims Court, thanks to an arbitration clause. It can be complicated and time consuming, but suing Amway in small claims court usually gets you what you want.
Ready to sue Amway in small claims court? Small claims courts are only for certain types of claims, so you need to check two things to be sure your claim is applicable for small claims:
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Most small claims courts ask you to try and fix the problem in every possible way before you use the legal system. So with small claims, you have to ask Amway to voluntarily fix the issue before you sue Amway in court. This is done with a demand letter.
Your demand letter can be simple and straightforward. Just tell Amway 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 – just make sure you do it.
When you’re done writing, you must mail a hard copy to their official legal address, preferably through certified mail or some other form of mail which confirms delivery.
Mail it to:
Amway International Inc.
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 Amway 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 your county will provide additional forms. The forms you need for your location will be available for free on your state court’s website.
Make sure you fill out enough forms, usually 3 or 4 copies. If you don’t have the right number, they will not accept your claim.
With all your copies in hand, it’s time to officially “File” with the courts.
Many courts require you to physically come to the courthouse during specific hours and days to hand-deliver the forms. You have to take them to the court’s clerk. If you don’t have to hand deliver, you might be able 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 Amway in small claims. This fee amount will be published on your court’s website, and can sometimes be waved if you are a low income plaintiff.
After, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe – you will need it for the next steps.
This is long, hard work. Now, to sue Amway you need to “serve” them. This is yet another legal process that has specific rules.
To do this, you need to deliver a copy of your filed papers to Amway.
Look at your court’s website for instructions on how to properly deliver your forms to Amway, or search for “[your state] small claims service of process”. Courts have specific rules and if you don’t follow them precisely your claim will be dropped.
When the court clerk gives you a court date (after you file your forms), that is your court date with Amway. Mark it on your calendar and don’t forget.
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 as to why you decided to sue Amway.
Sometimes, Amway will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
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