Do you want to sue Getaround in small claims court?

Your Guide to Sue Getaround in Small Claims Court

Thanks to an arbitration clause in your Getaround terms of service contract, you can’t sue Getaround in any court besides small claims court. It can be complicated and time consuming, but suing Getaround in small claims court frequently ends up in the favor of the plaintiff.

1

MAKE SURE YOUR CLAIM QUALIFIES FOR SMALL CLAIMS COURT

Are you ready to sue Getaround in small claims court? Small claims courts are for certain types of claims, The first step is to make sure your lawsuit qualifies for small claims court. Pay attention to the following two factors:

  1. The amount of money: 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.
  2. The type of relief: There are two types of awards that you can seek in a lawsuit: monetary (a dollar value payment) and equitable (a non-monetary request). Most small claims courts grant just 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 A DEMAND LETTER

Most small claims courts require that you ask the person you’re suing to fix your problem voluntarily before you file your claim If you want to sue Getaround in small claims court, you need to send the company a demand letter.

The demand letter should be simple and straightforward. Tell Getaround who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The whole letter should run for just a few sentences.  Make your points in a clear and respectful manner.

When you’re done writing the demand letter, mail a hard copy of the letter, preferably as certified mail, to the company’s legal address. Getaround is based in Delaware and receives mail at this address :

Getaround, Inc.
NATIONAL REGISTERED AGENTS, INC.
160 GREENTREE DR STE 101
DOVER, DE 19904

If you would like examples of demand letters or more information about how to write them, you can refer to this helpful guide.

3

FILL OUT COURT FORMS

In order to sue Getaround in small claims court, you need to fill out important paperwork.

Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will request additional forms. The correct forms for your location is available for free on your state court website.

Make sure you fill out enough forms. Most states that require you to file forms by mail or in-person ask for 3 or 4 copies. If you don’t have the right number of copies, expect the court clerk to deny your claim.

4

FILE YOUR COMPLAINT FORM WITH THE COURT

When you’re done filling out the court forms, it’s time to give those forms to the court. This process, which is called “filing,” can be confusing.

Many courts require plaintiffs to come to the courthouse during certain hours of specified days to deliver the forms to the court clerk. Other courts allow plaintiffs to file by fax, mail, or online.

All courts require plaintiffs to pay a filing fee before they allow a claim to proceed. The fee, which is published on the state court website, is sometimes waived for low income plaintiffs.

When you file your forms, the court clerk provides you with a stamped copy of the forms and a reminder about the court date. Keep the information secure, and bring it with you on the day of your hearing.

5

SERVE YOUR FORMS ON GETAROUND

If you’ve made it this far, good work! Suing Getaround in small claims is a long and difficult process.

Now that you’ve filed the papers required to start your case against Getaround, you need to tell Getaround about the lawsuit. This is a called “serving” Getaround. To do this, you need to submit copies of your filed paperwork to Getaround.

Look at your court’s website for instructions on how to properly deliver your forms to Getaround, or search for “[your state] small claims service of process”. Courts have many stringent rules about how to serve a defendant, and you must follow every rule to ensure the court puts your claim on the docket.

6

SHOW UP FOR YOUR COURT DATE

When the court clerk gives you a court date, make sure to put it on your calendar. Write down the location of the hearing, and bring all the evidence you need to back up your case against Getaround. Sometimes, Getaround will not show up to oppose a plaintiff. If that happens to you, take advantage of the situation to present your side of the story.

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

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