How to Sue Aspiration

Looking to sue Aspiration? Small claims court is an option, and you may have others…

So you’re looking to sue Aspiration?

At FairShake we’ve helped thousands of people with claims against Aspiration and other big companies that ripped them off get millions of dollars in settlement offers

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Have you tried getting a refund from Aspiration and gotten nowhere? Do you feel like you have nowhere to turn?

You’re not alone. From what we hear, a lot of people out there have tried all the Aspiration customer service options and still feel like they haven’t been heard.

There are lots of ways to bring an Aspiration complaint, but none with the same power and leverage as bringing a claim through the legal system.

So where should you start if you’re looking to sue Aspiration? You might think there would be tons of class action lawsuits against Aspiration. But the truth is more complicated.

Little-read clauses in their contracts allow companies like Aspiration to force legal claims out of most US courts and into the private system of consumer arbitration.

But this doesn’t mean your Aspiration contract can take away your right to sue entirely.

Here’s what you can do…


Two options to Sue Aspiration:


  • The first option for suing Aspiration is through consumer arbitration. Arbitration is an opportunity to take legal action 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 Aspiration, if you want to avoid the arbitration system, is to use Small Claims Court. Because Small Claims Court processes differ from place to place, FairShake can’t help out here. It may require showing up in person and filling out some forms.

If you’re ready to take your Aspiration claim to Small Claims Court, read on below:


Taking Aspiration to Small Claims Court Step-by-Step


    1. Figure Out Whether Your Claim Qualifies for Small Claims Court.

      Before you can sue Aspiration in Small Claims court, you have to make sure your claim qualifies. There are two things you need to pay attention to:

        1. The amount of money: You need to be considerate of the monetary limits that your state places on small claims cases. 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.
        2. The type of relief: You also have to make sure you are asking Aspiration for the right type of compensation. There are two types of awards that you can seek in a lawsuit. The first is monetary (a dollar value payment) and the second is equitable (any non-monetary request).Most Small Claims Courts can only grant monetary awards so if you are looking for car replacement parts, for example, they can’t grant that. But what they can grant is the monetary equivalent of the value of those car parts, or just a monetary amount.

      If your claim doesn’t fall within the limits of your state’s Small Claims Court court, you’ll likely have to arbitrate your claim instead.

    2. Send Aspiration Your Demand Letter.

      You can’t just up and sue Aspiration without any notice. You have to ask them in person to fix the problem voluntary before you submit your claim. So, before you sue Aspiration, send them a demand letter.

      This is a short and simple letter that needn’t be more than a few sentences telling Aspiration who you are (your name, address, phone number and account number), what the problem is, and what you want from them. Just remember that you are just checking a box before you file your actual claim so the letter doesn’t have to be award winning as long as it gets to the point.

      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, Aspiration is legally based in Delaware and receives mail at this address:

      ASPIRATION PARTNERS, INC.
      c/o CORPORATION SERVICE COMPANY
      251 LITTLE FALLS DRIVE
      WILMINGTON, DE 19808

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

    3. Fill Out Your Court Forms.

      In order to sue Aspiration in Small Claims Court, you’re going to need to fill out some paper work. Every state has different forms they require and some counties have additional forms. So, check with your state court website to see what you are required to have.

      Make sure you fill out enough forms too. Many states require that you bring in your forms in triplicate, and if you don’t have enough copies, they won’t accept your claim.

    4. File Your Complaint With Your 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 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 Aspiration in Small Claims Court. 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.

    5. “Serve” Your Forms to Aspiration.


      Now is when you tell Aspiration that you are suing them. This is a called “serving” Aspiration. To do this, you need to deliver a copy of your filed papers to Aspiration.

      Look at your court’s website for instructions on how to properly deliver your forms to Aspiration, 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!

    6. Show Up for Your Hearing.

      You will be given a court date by the court clerk gives you a court date (after you file your forms), and this is the date of your hearing. Some courts may still be allowing online hearings following the Covid-19 pandemic, and if that’s true for your case the clerk is the one who can tell you.

      You have to go to the right courthouse (or online meeting room) at the right time with your copy of the filed forms. However your hearing is being held, make sure you have on hand any evidence you have that backs up your case against Aspiration.

      Sometimes, Aspiration will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.

     


    Ready to sue Aspiration in Small Claims Court?
    If this sounds too hard and expensive, try consumer arbitration instead…


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