Looking to sue Metro? Small claims court is an option, and you may have others…
Maybe you’ve tried all the Metro customer service options. Maybe you’ve even tried other ways to bring your Metro complaint.
But some people say it’s hard to get a refund from Metro. And while you might think you have the right to a class action lawsuit against Metro, it’s actually more complicated.
A lot of companies like Metro add what’s called an arbitration clause to their contracts. It gives them the right to force legal claims out of state or federal courts. But you still have rights to sue under your Metro contract.
Here’s what you can do…
The first way to sue Metro is through consumer arbitration. If your contract has an arbitration clause it gives you the right take legal action against Metro through an officially-designated, independent dispute process that’s not a court and won’t require showing up in person. This can be a better option for a lot of regular people.
The second way to sue Metro, if you want to avoid the arbitration system, is to use Small Claims Court. While their contract may keep lawsuits out of state and federal courts, they can’t stop you from pursuing the small claims process. If you’re ready to sue Metro on your own, read on below:
The first step is making sure the claim qualifies. Before you can run off and sue MetroPCS in small claims court, check two things:
FairShake co-founder, Max, walks you through how FairShake can help you file an official legal claim against Metro.
Once you are ready to sue MetroPCS in small claims court and you know your claim qualifies, you have to send a demand letter first and foremost. This is just one more step before you ever visit the court and it’s done in an effort to make sure you have tried every option available before you sue MetroPCS in small claims court.
This letter can be very simple and straightforward, just a few sentences explaining your contact information, what your problem is, and what you want the company to do to resolve the issue. This just gives them a chance to voluntarily fix the problem.
When you are done you send a hard copy of the letter to the official mailing address via certified mail or some other form of mail that tracks the confirmation of delivery.
According to our most recent research, legal notices under your Metro agreement should be sent to T-Mobile USA, which is legally based in Delaware and receives mail at this address:
T-MOBILE USA, INC.
C/O CORPORATION SERVICE COMPANY
251 LITTLE FALLS DRIVE
WILMINGTON, DE 19808
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
After this, the next step to sue MetroPCS in small claims court is to fill out the right paperwork. Every state has a different set of paperwork required and sometimes depending on where you live your county might add extra files and forms as well.
Find your state court website here. Make sure you also verify how many copies you need. Every court is different and some require three or four copies of all the paperwork.
Once your documents are ready, the next step to sue MetroPCS in small claims court is filing those documents. This is a legal process where you go to the court in most cases and hand deliver the documents to the county clerk. Your court clerk will review everything.
You will have to pay a fee to sue MetroPCS in small claims court after which the clerk will stamp your documents, give you back your copies, and assign you a hearing date. If you are a low income plaintiff and you can’t afford the fee, you might be able to apply to have it waived. The amount of this fee will be posted on your court website.
Now comes the process of officially serving the company which is when you legally notify them that they are being sued. One of the reasons you have to bring so many copies of your forms to the courthouse is so that you have extras with which to serve the company.
There are different rules for how to give the company their copy, how to officially serve them. You can look at your state court website again to find the rules for your area or you can search “small claims service of process” requirements in your area with a generic web search. This will help you narrow down what rules you have to follow.
Every court is different and if you don’t follow each and every rule, they could dismiss your case which means you get no compensation.
Be sure to mark the court date on your calendar when you file your forms. This hearing is your chance to go before a judge and explain your side of the story.
Go to the right building at the right time and bring any copies of your file forms and other evidence you have to back up why you decided to sue MetroPCS in small claims court.
Sometimes they won’t show up to oppose you and if that takes place make sure you focus on your side of the story. Remember this could be resolved quickly but it could go on for weeks depending on the nature of the case.
Taking Metro to small claims court is often time consuming and expensive. FairShake can help you leverage the consumer arbitration clause in your Metro contract to file an official legal claim and win you compensation.Start Your Claim Now