Make your voice heard and make First American pay: These are your options!
If you had a problem with First American Home Warranty and you can’t seem to get them to listen, you have options. We’ve all had problems now and again with a service provider where there’s an account error, maybe they overcharged you, maybe their sales tactics were misleading or they forgot to apply what should have been a promotional credit to your account.
This can be very frustrating when the service is something you rely upon like security for your loved ones or when you have to pay for the issue out-of-pocket regardless of who was at fault in order to keep your service going. Now you’re wondering how to sue First American Home Warranty. We can help.
First, you have to try and resolve the issue with them. You can’t just check your account and see a problem, then go straight to court. You can sign in to your First American Home Warranty account to contact the representative you’re dealing with, or you can contact First American Home Warranty through their website.
But that doesn’t mean the issue is fixed. You can still be sent in circles without an end.
So what is the next step, now that the company won’t solve the problem for you?
Now you go to small claims court.
Why is small claims court the next option? Because your contract with the company likely limits your ability to exercise other legal options. Arbitration clauses in your contract prohibit you from filing class action lawsuits or joining any. But, you can still use small claims court or consumer arbitration.
Make sure your case qualifies for small claims court. If you are ready to sue the company in small claims court you have to make sure that your claim can legitimately be filed. There are two things that you need to pay attention to.
Every small claims court has a maximum dollar amount that you can bring as well as a minimum amount. Given the company it’s very likely that you won’t exceed the maximum which in most States is between $5,000 and $10,000 but in some States can be as low as $2,500. But if your issue is only for a few hundred dollars, it might be too small.
A small claims court will only provide you with one type of award in your lawsuit, monetary. Monetary refers to a dollar value payment. The other type of award is an equitable, anything that’s not money. Most small claims courts cannot enforce anything–but monetary Awards.
If your claim doesn’t fall within the limits of a small claims court you can still choose consumer arbitration and we can help you with that.
If your case does qualify you have to start by sending a demand letter. Almost all small claims courts require that you ask the company in person, politely, to fix the problem just one more time. Remember that every time you sue a company in court it ends up costing the state a lot of money so they want the company to settle outside of Court as well, if possible. In this demand letter you have to ask the person you are suing to fix the problem voluntarily before you file anything in court.
This is pretty simple. The letter has to be straightforward and it doesn’t have to be over the top, just a few sentences will do. Explain who you are, include your name, address, phone number, and account number, what the issue is, and what you want from them. That’s it. When you’re done you have to mail a hard copy of that letter preferably with some form of mail service that allows you to confirm delivery to the official address:
First American Home Warranty
1244 Apollo Way
Santa Rosa, CA 95407
*Note: The address you should use will be listed in your individual agreement.*
If they don’t respond to this demand letter or they don’t give you a suitable response, then you move forward.
Then you have to fill out the court forms. Every state, and every county is different when it comes to required forms. So check with your state court website to make sure that you have all the forms and have filled them out properly. Also verify how many copies you will need. Every state is different but if you go to the courthouse with just one copy when they require 3, you will be kindly asked to return another day when you have the correct amount. To avoid unnecessary trips to the courthouse, make sure you have the right number of copies the first time.
File your complaint with the court. With the right number of copies, you officially file the paperwork with the court. Many courts require you to come to the courthouse physically during specified hours and days of the week. You have to hand-deliver the forms to the county clerk. There are very few courts that will allow you to send it by mail or by fax.
Every Court requires you to pay a small claims court fee before you can sue. This fee amount should be published on your court website.
Once you pay the fee and you file the forms, the county clerk will give you a stamped copy of your forms which makes them official, as well as a court date. You want to keep that information safe and bring it with you for your scheduled hearing.
Now you have to officially serve the company. Every state is different when it comes to how you officially serve someone and if you don’t follow the rules specifically, your case can be thrown out so make sure you do your homework and find out exactly what you have to do.
Show up for your court date. The court date is the date that was given to you by the county clerk. Make sure you know which Courthouse to go to as many counties have multiple buildings and tardiness will not be tolerated. Bring a copy of your file forms and any evidence you have to back up your case with the company. Sometimes they won’t send a representative to oppose you and if this happens, take advantage of that situation and focus on your side of the story and how the company is never present when you need them to be.
If that sounds too daunting or your case doesn’t qualify for small claims court, your other option is consumer arbitration. Consumer arbitration works very similarly but it’s a slightly more comfortable process because it’s one you can do from home and it’s one we can help you with.
Best of the Best. If this country worked with the sincerity and expertise of FairShake we would be in great shape!Allie, real FairShake customer
They got more done in a few weeks than I did in over two years.John, real FairShake customer
I can’t say enough good about this company! They are really a light for us in a very hard time.Mark, real FairShake customer
Thank you FairShake for representing the little people screwed over by corporations.Amanda, real FairShake customer
I was having problems with the company for months. That you could make it resolved in a few days is wonderful.Marisol, real FairShake customer
It's not right what Big Business can get away with if we let them. People need to know someone is out there to help!Virgil, real FairShake customer