Looking to sue Santander Consumer USA? Small claims court is an option, and you may have others…
According to the website for the May 2020 settlement between 33 states and Santander Consumer USA, mailings have been sent to consumers who are eligible for compensation. If you are eligible, expect to receive something in the mail by end of October with further instructions.
Learn more at www.santandermultistateagsettlement.com
If you are interested in pursuing legal action unrelated to the multi-state settlement, FairShake’s online guides can tell you more about how to pursue your claim against Santander Consumer USA in consumer arbitration or small claims court. (Read on!)
If you have questions about your specific claim or your right to seek legal action, you should seek out an attorney.
Before you can sue Santander Consumer USA, you have to make sure your claim qualifies. There are two things you need to pay attention to:
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address. According to our most recent research, Santander Consumer USA is legally based in Illinois and receives mail at this address:
Santander Consumer USA, Inc.
C/O C T CORPORATION SYSTEM
208 SO LASALLE ST, SUITE 814
CHICAGO, IL 60604
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. The correct forms for your location will be available for free on your state court’s 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, they will not accept your claim.
When you’re done filling out the court forms, it’s time to give those forms to the court. This process, called “filing” can be a bit tricky.
In addition to the forms, the courts will require you to pay a filing fee before they allow your to sue Santander Consumer USA in small claims. This fee, which will be published on your court’s website, can sometimes be waved if you are a low income plaintiff.
When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe and bring it with you on the day of your hearing.
Now that you’ve filed the papers required to start your case against the company you have to tell them that you are suing them. This is called “Serving”. You “serve” the company their copies of the forms you filed with the courts, notifying them you are suing Santander Consumer USA
Look at your court’s website for instructions on how to properly deliver your forms to Santander Consumer Usa, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant, and your claim will be dropped if you do not follow them perfectly. So be careful!
Sometimes, Santander Consumer USA will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Ready to sue Santander Consumer Usa in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
Arizona, Arkansas, Connecticut, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Virginia, Washington, West Virginia, Wyoming, and the District of Columbia
(Source: Chicago Tribune)