How to Sue Humana in Small Claims Court

So you’re looking to sue Humana?

At FairShake we’ve helped thousands of people ripped off by big companies like Humana. 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 Humana? Feeling like there’s nowhere to turn?

You’re not alone. It seems like many people have tried all the Humana customer service options, but still feel unheard.

There are different ways to file a complaint against Humana, but none have the same power and leverage as taking legal action.

So, if you’re thinking of suing Humana, 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 Humana to push legal claims into the private realm of consumer arbitration, away from conventional courts.

But here’s the thing: your Humana contract doesn’t have the power to take away your right to pursue legal action by suing them.

Here’s what you can do…

Two options to Sue Humana:

Consumer Arbitration: This involves accessing an official and independent dispute resolution process that is not a court. It provides an opportunity to seek compensation for your complaint without the need to appear in person. For many, this can be a preferable option.To find out if you can take Humana 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.
Small Claims Court: If you prefer to avoid the arbitration system, you can opt for Small Claims Court. You should know that the procedures for Small Claims Court may vary depending on your jurisdiction.Taking Humana to Small Claims Court will typically involve appearing in person and completing necessary forms.

If you’re ready to sue Humana in Small Claims Court, read on below:

Taking Humana to Small Claims Court Step-by-Step

MAKE SURE YOUR CLAIM QUALIFIES FOR SMALL CLAIMS COURT

Small claims court has two important elements that consumers should remember:

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.
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 can only grant 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.

SEND A DEMAND LETTER

Most small claims courts require plaintiffs to ask the defendant to fix an issue voluntarily before filing your claim. If you want to sue Humana in small claims court, you first need to send the company a demand letter.

Your demand letter can be simple and straightforward. Explain who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The demand letter should run no longer than five sentences. Remember you are just checking a box on your to do list before you file your a claim.

When you’re done writing the demand letter, you need to mail a hard copy of the letter, preferably as certified mail, to the company’s address. According to our most recent research, Humana is legally based in Delaware and receives mail at this address:

HUMANA INC.
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, refer to this informative guide.

FILL OUT COURT FORMS

In order to sue Humana in small claims court, you need to fill out plenty of paperwork.

Each state has a set of forms that need to be filled out to file a claim, and sometimes counties 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 file the right number of copies, the court clerk has the legal authority to dismiss your lawsuit.

FILE YOUR COMPLAINT FORM WITH THE COURT

When you’re done filling out the forms, it’s time to hand over the forms to the court. This process, called filing can trip up the most legally savvy plaintiffs.

Many courts require plaintiffs to deliver court forms in person at limited times during the workday. Other courts allow plaintiffs to file court forms by fax, mail, or online.

All courts require plaintiffs to pay a filing fee before a lawsuit is allowed to proceed. This fee, which is published on your court website, is sometimes waived for low income plaintiffs.

When you file the court forms, the court clerk provides you with stamped copies of the forms and a reminder about the court date.

SERVE YOUR FORMS TO HUMANA

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

Now that you’ve filed the documents required to start your case against Humana, you need to inform Humana about the date and time of the hearing. This is a called “serving” Humana. To do this, you need to deliver copies of your filed papers to Humana.

Look at your court’s website for instructions on how to deliver your forms to Humana, or search for “[your state] small claims service of process.” Most courts have established strict rules on how to serve court documents. Follow every rule to prevent the court clerk from throwing out your complaint.

SHOW UP FOR YOUR COURT DATE

When the court clerk gives you a court date, make sure to put it on your calendar. Know the address of the courthouse, as well as the number for the courtroom. Bring copies of your filed forms and any additional evidence that strengthens your case against Humana. Sometimes, Humana does not show up to oppose plaintiffs. If that happens to you, take advantage of the situation to present your side of the story.

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

How to Sue Humana