Want to sue Equifax in small claims court?

Your Guide to Sue Equifax in Small Claims Court

Your user agreement with Equifax usually contains small print that says you can’t sue them– except in small claims court, thanks to an arbitration clause. So how can you sue Equifax and get good compensation? We lay out the rules.

1

The qualifier.

Before you sue Equifax you need to make sure your case qualifies. Small claims courts are reserved for specific types of legal issues and they have limits.

  1. The first limit is the type of compensation you can ask for. Most small claims courts don’t let you ask for anything other than monetary compensation, that is, a dollar amount. So anything that went wrong, any damages that you and your dad have to be converted into a dollar value. You can find a list of all 50 states’ monetary limits here.
  2. The second is the limit of that dollar value. Small claims courts have monetary limits that range between $2,500 and $10,000 depending on your state. So if your request Falls outside of these parameters it won’t qualify.

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

The demand letter.

Assuming your case qualifies the first requirement for most small claims courts is to ask the company to voluntarily provide a solution. So before you can sue Equifax you have to ask them to fix your problem.

This is done through the formal process of a demand letter. The demand letter is a very simple letter that just explains your contact information, your problem, and what you want Equifax to do to solve that problem.

You send a hard copy of this demand letter to their official mailing address.

EQUIFAX INC.
Lisa Stockard
1550 Peachtree Street, NW
Atalnta, GA 30309

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

3

The court forms.

If nothing happens as a result of the demand letter now you move forward with the process to sue Equifax in small claims court by filling out some paperwork. 

Your state court website will have information on what forms you need to fill out based on where you live. It’s important to pay attention to these and have every form ready to go.

You also need to make sure you have the right number of copies. Courts are pretty finicky about how many copies do you need and in most cases it’s three or four.

 

4

The filing.

 

Now you have to bring the documents to the court and officially file. This is where the courts put it on record that you are going to sue Equifax and assign you a court date.

For this process most small claims courts require that you appear in person but in some small cases you might be able to send your documents through the mail, through fax, or in rare cases online.

The county clerk will charge you a small claims court filing fee the amount of which can be found on your state court website. Once you pay the fee and all the documents are in order they will stamp them and assign you a hearing.

 

5

The “serving”.

One of the documents you get back is for Equifax. You have to officially serve the company in accordance with your state rules.

Again, there are very specific rules for how you serve the company, how you inform them that they are being sued. You have to follow each and every one of them.

No matter how odd a rule seems don’t neglect it because failure to follow each rule in this step can result in your case being thrown out with no compensation.

6

The hearing.

Assuming you followed all the rules now you have to head to court for your hearing. With this hearing you presented the judge any evidence you have.

Be sure to bring your stamped copy of all the forms you filed and your evidence. Equifax may or may not send someone to oppose you but in any case it’s your job to present to the judge why you decided to sue Equifax and why you deserve compensation.

 

Ready to sue Equifax in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

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