Looking to sue Enterprise? 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 Enterprise. 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 Enterprise? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Enterprise customer service options, but still feel unheard.
There are different ways to file a complaint against Enterprise, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Enterprise, 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 Enterprise to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Enterprise 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 Enterprise 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 Enterprise to Small Claims Court will typically involve appearing in person and completing necessary forms.
If you’re ready to sue Enterprise in Small Claims Court, read on below:
Just because you are ready to sue Enterprise in small claims court doesn’t mean you can.
Why is that? Because small claims courts are only for certain types of claims, so your first step is to make sure your claim can be filed. There are two things you need to pay attention to:
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
You should always ask nicely for things, and in the case of small claims courts, you are required to ask nicely.
In this case you have to ask Enterprise to fix the problem voluntarily before you sue Enterprise.
So if you want to sue Enterprise in small claims court, you need to send them a demand letter first.
Your demand letter can be simple and straightforward, just a few sentences where you tell Enterprise 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 delivery, to their legal address. According to our most recent research, Enterprise is legally based in Delaware and receives mail at this address:
EAN SERVICES, LLC
C/O 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 Enterprise in small claims court, you’re going to need to fill out some paper work. Each state is different too, and sometimes your county will tack on extra 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 officially through a process called “filing”.
Many courts will
require you to physically head down to the court house and hand the papers to the county clerk during specific hours and days. Other courts may allow you to file by mail, fax or (for a few courts) online.
All courts will require you to pay a small claims court filing fee before they allow your to sue Enterprise 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.
With so many copies, there has to be a reason. There is. You now need to send one of those copies to Enterprise. This is a legal process where you tell them you are suing them, known as “serving”. 
To do this, you need to deliver a copy of your filed papers to Enterprise.
Look at your court’s website for instructions on how to properly deliver your forms to Enterprise, 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!
Now you have to go back to court, going to the courthouse at the right date and time given to you by the clerk when you first filed. 
Bring your copy of your filed forms, and any other evidence that backs up your case against Enterprise.
Sometimes, Enterprise 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 Enterprise in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
The Ultimate Guide to Consumer Complaints
Learn More