Thanks to an arbitration clause in the Charles Schwab terms of service contract, you can’t sue the company in any court except small claims court. It can be time-consuming, but suing Charles Schwab in small claims court often ends up in the favor of the plaintiff.
Are you ready to sue Charles Schwab in small claims court? Small claims courts are only for certain types of claims. The first step is to ensure your claim qualifies for small claims court. There are two things you need to learn:
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 require you to ask the person or the company to fix your problem voluntarily before you file a claim. If you want to sue Charles Schwab in small claims court, you need to send a demand letter.
A demand letter should be simple and straightforward. Tell Charles Schwab who you are (your name, address, phone number and account number), what the problem is, and what you want from the company. The whole letter should consist of just a few sentences. Remember you are checking a box on your to do list, before you file the actual claim.
When you’re done writing the demand letter, you need to mail a hard copy of the letter, preferably as certified mail, to the company’s legal department. Charles Schwab is headquartered in Delaware and receives mail at this address :
CHARLES SCHWAB & CO., 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 Charles Schwab in small claims court, you need to fill out some paperwork.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will ask for additional forms. The correct forms for your location is available for free on your state court website.
Make sure you fill out enough forms. Most states that require you to file forms by mail or in-person ask for 3 or 4 copies. If you don’t have the right number of copies, the court clerk 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, which is called “filing,” can be difficult to navigate.
Many courts require plaintiffs to come to the courthouse during certain times of the day to deliver the forms to the clerk. Other courts might allow you to file by fax, mail or online (This is the least used method).
All courts require plaintiffs to pay a filing fee before they allow your to sue Charles Schwab in small claims court. The fee, which is published on the court website, is sometimes waived for low income plaintiffs.
When you submit your forms, the court clerk provides you with a stamped copy of the forms and a court date. Keep all information organized and stored safely until the day arrives when you attend the hearing.
If you’ve made it this far, good work! Suing Charles Schwab in small claims is a long and difficult process.
Now that you’ve filed the papers required to start your case against Charles Schwab, you need to tell Charles Schwab about the lawsuit. This is a called “serving” Charles Schwab. To do this, you need to deliver a copy of your filed papers to Charles Schwab.
Look at your court’s website for instructions on how to properly deliver your forms to Charles Schwab, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant. Make sure you follow the rules closely to avoid having your claim dismissed.
When the court clerk gives you a court date, make sure to put it on your calendar. You need to know the location of the courthouse where the hearing takes places. Bring copies of your filed forms, and any other evidence that backs up your case against Charles Schwab. Sometimes, Charles Schwab will not show up to oppose a plaintiff. If that happens to you, take advantage of the situation to present your side of the story.
Are you ready to sue Charles Schwab in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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