Looking to sue Netspend? 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 Netspend. And we’ve helped get millions of dollars in settlement offers…
[continued below]
Tired of hitting dead ends when trying to get a refund from Netspend? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Netspend customer service options, but still feel unheard.
There are different ways to file a complaint against Netspend, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Netspend, 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 Netspend to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Netspend 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 Netspend in Small Claims Court, read on below:
Ready to sue NetSpend in small claims court? Check that your claim qualifies. Small claims courts are only for certain types of claims, so you need to make sure yours is one of them. There are two things you need to pay attention to:
The type of relief: When you go to court you normally can ask for two things: either monetary compensation–an amount of money–or equitable compensation–which can be anything else. In most small claims courts though, you can only ask for monetary, meaning, a dollar amount.
The mount of money: That said, if you pass the first test, the second is very close behind. Every small claims court sets a maximum dollar size for the claim you can bring. It ranges between $2,500 and upwards of $10,000. Your claim must fit within the parameters for your state. You can find a list of all 50 states’ monetary limits here.
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Most small claims courts require that you ask the person you’re suing (the “defendant”) to voluntarily resolve the issue before you sue NetSpend. So, you have to send them what is called a demand letter.
This letter does not have to be overly complicated with flowery writing. It can be as simple as a few sentences explaining who you are, your contact information, what your problem is, and how you want them to fix it. t
When you’re done writing, you need to mail a hard copy of the letter, preferably with some form of certified mail so that you can verify it was accepted, to their legal address. According to our most recent research, Netspend is legally based in Delaware and receives mail at this address:
NETSPEND CORPORATION
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, you can find an excellent guide here.
If the demand letter didn’t result in them voluntarily fixing the problem, then you move on to sue NetSpend.
In order to sue NetSpend in small claims court, the next step is paperwork. There are different forms you need to complete depending on where you live. You can check your state court website to find the different forms for your county and state.
Make sure you have enough copies too. Most courts require 3 or 4, and if you only bring one, they won’t let you use their copier.
When you’re done filling out the court forms, you have to “file” them. This is literally a process where it is put on file with the court. The process generally requires you to come to the courthouse during specific hours to hand deliver your forms to the county clerk. Some courts might let you get away with mailing them, faxing them, or submitting them online.
Once there, you will need to pay the small claims court filing fee to sue NetSpend.
The clerk will review everything, stamp the copies, and give you back yours alongside a hearing date.
Keep that handy.
We know this can be a tough process, but so far so good. Now you need to take one of those copies you were given by the court and “serve” the company. This is a formal process where you inform that you have started to sue NetSpend.
The rules for “serving” are different in each area, and you must follow all of them.
Look at your court’s website for instructions on how to properly deliver your forms to NetSpend, or search for “[your state] small claims service of process”. If you fail to follow each of them, your claim will be dropped.
The date given to you by the court clerk is your hearing.
Show up on time, at the right courthouse, and bring the copy of your filed forms alongside any evidence you have to support why you decided to sue NetSpend.
You will need to make a case before the judge, whether or not NetSpend sends someone to oppose you.
Ready to sue NetSpend in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
The Ultimate Guide to Consumer Complaints
Learn More