Your Contract probably says you can’t sue NetSpend in any court except Small Claims Court, thanks to an arbitration clause. While this can be complicated and time consuming, when you sue NetSpend in small claims court you usually get what you want. Here’s how…
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. NetSpend is legally based in Delaware and receives mail at this address :
P.O Box 2136
Austin, Texas 78768-2136
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
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.
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.
Ready to sue NetSpend in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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