Want to sue Straight Talk Wireless (by Walmart) in small claims court?

Guide to Sue Straight Talk Wireless by Walmart in Small Claims Court

Your contract with the company prohibits you from exploring a lot of legal options when something goes wrong but the one thing you can do is sue Straight Talk in small claims court. We explain what you have to do to sue Straight Talk in small claims court and how consumer arbitration might be a good alternative.


Make sure the claim qualifies.

Before you head into your Courthouse ready to sue Straight Talk in small claims court, you have to make sure that your claim qualifies. Small claims courts have different limitations on what they will accept.

The type of compensation

The first limitation is the type of compensation you can ask for. In most situations you can ask for monetary compensation which is a dollar amount, or equitable compensation which is anything else. But with small claims courts when you sue you can only ask for a dollar amount. You can find your state limits here.

The amount of compensation

The second limitation is the amount of money that you can ask for when you sue Straight Talk in small claims court.every state has a different limitation and you’ll have to check your state to see what your limits are and to determine if you qualify. 


Rest assured that if your claim doesn’t fall within the small claims court parameters to sue, you can use binding arbitration. FairShake can work with you to guide you through this process. 

Contact FairShake today to start a claim.


Send a demand letter.

Before you can sue Straight Talk in small claims court you have to give the company the opportunity to voluntarily fix the problem. Chances are you have already tried to speak with a customer service rep to fix the issue but now you have to send your request higher up the food chain.

This doesn’t have to be overly complicated. You just need to compose a few sentences explaining your name and contact information, what the problem is, and how you want the company to fix it before you sue Straight Talk in small claims court. 

When you are done writing, send a hard copy through certified mail so that you can track and confirm its delivery. Mail the hard copy to their official mailing address.

Send it to:

TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims
9700 NW 112 Avenue
Miami, FL 33178

If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.


Fill out court forms.

If your demand letter doesn’t generate any response, your next step when you sue Straight Talk in small claims court is to fill out the right forms.

Every state will have different requirements for the forms you have to fill out when you sue. Find your state court website here.

Make sure you fill out the right forms, check for any additional forms from your county, and make sure you have enough copies. Most courts will require three or four copies.


File your complaint with the court.

Once you have the forms filled out the next step when you sue Straight Talk in small claims court is to file them officially with the court. This process usually requires you visit the courthouse in person to hand-deliver but in some rare cases you might be able to use alternative methods like sending the documents through the mail.

You will have to pay a fee to sue Straight Talk in small claims court after which the clerk will review your documents, stamp the documents, give you back your copies, and assign you a court date.



“Serve” Straight Talk Wireless.

Now you officially serve the company which is a legal process of informing them that they are being sued. To do this you have to deliver their copy of the papers that you filed with the Court.

Look at your state court website once more to figure out what the rules are in your area. Every court is different, and while some of the rules might seem a bit obscure, if you don’t follow them it could be grounds to have your case thrown out.


Show up for court.

When your forms are filed in the clerk gives you your court date make sure you mark that on your calendar.

Be sure to show up on time at the right building. Bring a copy of your file forms and any other evidence you have to back up why you decided to sue Straight Talk in small claims court.

This is where the judge looks over the case and comes to a decision. This process could happen very quickly but it could take weeks. It all depends on individual circumstances.


Ready to sue Straight Talk Wireless in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

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