Looking to sue Curves? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Curves. And we’ve helped get millions of dollars in settlement offers…
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Tired of hitting dead ends when trying to get a refund from Curves? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Curves customer service options, but still feel unheard.
There are different ways to file a complaint against Curves, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Curves, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Curves to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Curves contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
To find out if you can take Curves to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.
Learn more about the consumer arbitration process here.
Taking Curves to Small Claims Court will typically involve appearing in person and completing necessary forms.
If you’re ready to sue Curves in Small Claims Court, read on below:
Small claims court hearings address certain types of claims. The first item on your to do list is to determine whether your complaint qualifies for small claims court. You also need to understand two important legal points.
Every small claims court sets a maximum dollar amount for the claim you can bring. 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.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 that you ask the defendant to fix your problem voluntarily before you file a claim. If you want to sue Curves in small claims court, you first need to send the company a demand letter.
Your demand letter can be simple and straightforward. Tell Curves who you are (your name, address, phone number and account number), what the problem is, and what you want from them. Keep the demand letter at just a few sentences to ensure you present your complaint in a clear and concise manner.
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, Curves is legally based in Texas and receives mail at this address:
CURVES INTERNATIONAL, INC.
C/O BURCHFIELD & ASSOCIATES
2711 CRESTHILL CIR
WACO, TX 76710
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
Curves 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.
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 Curves 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.
If you’ve made
it this far – good work! Suing Curves in small claims is a long and tough process.
Now that you’ve filed the papers required to start your case against Curves, you need to tell Curves that it’s been sued. This is a called “serving” Curves. To do this, you need to deliver a copy of your filed papers to Curves.
Look at your court’s website for instructions on how to properly deliver your forms to Curves, 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 court
clerk 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 Curves.
Sometimes, Curves will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Are you ready to sue Curves in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
The Ultimate Guide to Consumer Complaints
Learn More
