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Want to sue Consumer Cellular in small claims court?

Guide to Sue Consumer Cellular in Small Claims Court

Your Consumer Cellular contract says you can’t sue Consumer Cellular in any court except Small Claims Court. It can be complicated and time consuming, but suing Consumer Cellular in small claims court usually gets you what you want. We explain how.

1

Can you sue Consumer Cellular? Does you case qualify?

Ready to sue Consumer Cellular in small claims court? Small claims courts are reserved for specific types of legal action so you need to make sure you qualify. There are two things in particular that you need to look for:

  1. The amount of money: Your small claims court will have a maximum dollar size for the claim you can bring, the same as every court. However, the amount differs based on state. In most states it’s either $5000 or $10,000, but it can be as low as $2,500. You can find a list of all 50 states’ monetary limits here.
  2. The type of relief: Normally there are two types of awards that you can seek in a lawsuit – monetary (a dollar value payment) and equitable (any non-monetary request). However, if you sue Consumer Cellular in small claims courts they can only grant monetary awards.

If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.

2

Send Consumer Cellular  a demand letter.

The first step is a formal one you can do from home. When you get ready to sue Consumer Cellular you have to ask them to voluntarily fix the issue first. This means you have to write what is called a demand letter.

Your demand letter can be simple and straightforward. You can just write a few sentences where you tell Consumer Cellular who you are (your name, address, phone number and account number), what the problem is, and what you want from them.

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 it was received by Consumer Cellular, to their legal address below:

Office for Dispute Resolution, Consumer Cellular, Incorporated
12447 SW 69th Ave.
Portland, OR 97223*

 

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

*This address is taken from the Consumer Cellular subscriber agreement here.

3

Fill out court forms.

If your letter didn’t amount to any resolution, you move on and sue Consumer Cellular. This starts with court forms.

Each state has a set of forms that need to be filled out to file a claim, and your county might have specific forms too. You can find the forms on your state court website. Find your state court website here.

Be sure to fill out enough copies as most states require 3 or 4 for the next step, and without the right quantity, you won’t be able to sue Consumer Cellular. 

 

4

File your documents with the court.

Once you fill out the forms and have the right number, you have to bring them to the court for an official legal process called “filing”.

Most courts require you to physically hand deliver the forms for your claim. So, in order to sue Consumer Cellular you have to bring the documents to the right court, during specified hours and days of the week. If you are very lucky you might be able to use alternative methods to file.

Once that is done, you pay the small claims court filing fee and the clerk gives you back your stamped copies and a hearing date.

 

5

“Serve” Consumer Cellular.

Try to sue Consumer Cellular is a long process but you are halfway there.

Now that the paperwork is filed, you need to inform Consumer Cellular that they are being fired, a process known as “serving”. To do this, you need to deliver a copy of your filed papers to Consumer Cellular.

Look at your court’s website for instructions on how to properly deliver your forms to Consumer Cellular, or search for “[your state] small claims service of process”. Your claim will be dropped if you do not follow them perfectly. So be careful!

6

Head to court.

Don’t forget about that court day. When you filed your forms and received the date of your hearing, you should have marked it on your calendar.

Be sure to go to the right building, with your copy of the filed forms and any evidence you have to demonstrate to the judge why you decided to sue Consumer Cellular in Small Claims Court.

Consumer Cellular may 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 Consumer Cellular in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

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