Want to sue Navient in small claims court?

Guide to Sue Navient in Small Claims Court

Because of an arbitration clause written into your Navient terms of service contract, you can sue the company only in small claims court. The process can be demanding, but most plaintiffs find it rewarding.

1

MAKE SURE YOUR CLAIM QUALIFIES FOR SMALL CLAIMS COURT

Small claims courts are only for certain types of claims. The first step is to make sure your claim qualifies for small claims court hearings. There are two things you should know about the process:

  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 the defendant to fix your problem voluntarily before you file a claim. If you decide to sue Navient in small claims court, you first need to send the company a demand letter.

Your demand letter should be simple and straightforward; tell Navient who you are (your name, address, phone number and account number), what the problem is, and what you want from the company. The letter should not run more than three or four sentences. Remember you are simply checking a box on your to do list before you file a claim.

When you’re done writing the demand letter, you need to mail a hard copy of the letter to the company’s legal address. Make sure to send the demand letter by certified mail to ensure Navient receives it. Navient is based in Delaware and receives mail at the following address :

Navient Solutions, LLC
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 should read this informative guide.

3

FILL OUT COURT FORMS

In order to sue Navient in small claims court, you have 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 will 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 ask for 3 or 4 copies. If you don’t submit the correct number of copies, the court clerk has the power to dismiss your claim.

4

FILE YOUR COMPLAINT FORM WITH THE COURT

When you’re done filling out the court forms, it’s time to send the forms to the court. This process called “filing” can be frustrating.

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

All courts require plaintiffs to pay a filing fee before they allow plaintiffs to sue Navient in small claims court. The fee, which is published on your 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, as well as a reminder about the court date.

5

SERVE YOUR FORMS ON NAVIENT

If you’ve made it this far, good work! Suing Navient in small claims is a grueling mental and emotional process.

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

Look at your court’s website for instructions on how to properly submit your forms to Navient, or search for “[your state] small claims service of process.” Courts have instituted many strict rules for serving a defendant. If you fail to follow every rule mandated by the state court, the clerk of the court can throw out your lawsuit.

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 where the hearing is to take place. Make sure to know the address, as well as the number of the courtroom. Bring copies of your filed forms, and any other evidence that supports up your case against Navient. Sometimes, Navient does not show up to oppose plaintiffs. If that happens to you, take advantage of the situation to emphasize your side of the story.

Are you ready to sue Navient in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…





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