Your T-Mobile contract says you can’t sue T-Mobile in any court except Small Claims Court. It can be complicated and time consuming, but suing T-Mobile in small claims court usually gets you what you want.
Ready to sue T-Mobile in small claims court? Small claims courts are only for certain types of claims, so you have to make sure your situation qualifies first. What are the requirements? Two things:
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Your demand letter can be simple and straightforward. It needn’t do more than tell T-Mobile who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The whole letter can be a few sentences – remember that you are just checking a box before you file your actual claim.
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 the address listed here for your state.
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
(Why does the address differ by state? T-Mobile uses a company called Corporation Services Company as its “agent” to receive legal documents. This is taken from the T-Mobile subscriber agreement 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 require 3 or 4 copies when you go to file, and if you are lacking, they won’t be accepting.
Now it’s time to file officially with the court. With your completed forms in hand, you start the “filing” process, which can be a bit tricky.
All courts will require you to pay a filing fee before they allow your to sue T-Mobile 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 T-Mobile, you need to tell T-Mobile that it’s been sued. This is a called “serving” T-Mobile. To do this, you need to deliver a copy of your filed papers to T-Mobile.
Look at your court’s website for instructions on how to properly deliver your forms to T-Mobile, 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, T-Mobile 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 T-Mobile in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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