Looking to sue Merrill Lynch? 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 Merrill Lynch. 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 Merrill Lynch? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Merrill Lynch customer service options, but still feel unheard.
There are different ways to file a complaint against Merrill Lynch, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Merrill Lynch, 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 Merrill Lynch to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Merrill Lynch contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
Learn more about the consumer arbitration process here.
If you’re ready to sue Merrill Lynch in Small Claims Court, read on below:
Are you ready to sue Merrill Lynch in small claims court? Small claims courts are only for certain types of claims, so your first step is determine whether your claim qualifies. There are two things you need to know:
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.
If your claim doesn’t fall within the limit established by your state, you have to arbitrate your claim instead.
Most small claims courts require that you ask the party you’re suing to fix your problem voluntarily before you file a claim. If you want to sue Merrill Lynch in small claims court, you need to send the company a demand letter.
The demand letter should be simple and straightforward. Tell Merrill Lynch who you are (your name, address, phone number and account number), what the problem is, and what you want from the company. The whole letter should consist of a few sentences. Remember you are just checking a box on your to do list before you file the actual claim.
When you’re done writing the demand letter, you need to mail a hard copy of the letter, preferably as certified mail, to Merrill Lynch’s legal address.
According to our most recent research, Merrill Lynch is legally based in Delaware and receives mail at this address. (Check your contract to confirm if this is the right address for legal notices):
Merrill Lynch, Pierce, Fenner & Smith Incorporated
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, check out this helpful resource.
In order to sue Merrill Lynch in small claims court, you need to fill out some paperwork.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties require the submission of 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 will ask for 3 or 4 copies. If you don’t have the right number of copies, the court clerk can deny your claim.
When you’re done filling out the court forms, it’s time to hand over the forms to the court. This process called “filing” can be a bit complicated.
Many courts require plaintiffs deliver court forms to the clerk in person during specified times of the day. Other courts allow plaintiffs to file by fax, mail, or online.
All courts require plaintiffs to pay a filing fee before they can sue Merrill Lynch in small claims court. The fee, which is published on the court website, is sometimes waived for low income plaintiffs.
When you file the court forms, the court clerk provides you with a stamped copy of the forms and a reminder about the court date.
If you’ve made it this far, congratulations! Suing Merrill Lynch in small claims is a long and tough process.
Now that you’ve filed the papers required to start your case against Merrill Lynch, you need to tell Merrill Lynch about the lawsuit. This is a called “serving” Merrill Lynch. To do this, you need to submit copies of you paperwork to Merrill Lynch.
Look at the court website for instructions on how to submit the to Merrill Lynch, or search for “[your state] small claims service of process.” Courts issue many stringent rules about how to serve a defendant. Follow the rules to prevent the court clerk from removing your claim from the docket.
When the court clerk gives you a court date, make sure to put it on your calendar. You need to know the location of the hearing, as well as bring copies of the file forms. Don’t forget to bring additional evidence to support your lawsuit. Sometimes, Merrill Lynch does not show up to oppose you. If that happens in your case, take advantage of the situation to present your side of the story.
Are you ready to sue Merrill Lynch in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
The Ultimate Guide to Consumer Complaints
Learn More