How to Sue T-Mobile in Small Claims Court

Video: How to Start a T-Mobile Claim

So you’re looking to sue T-Mobile?

At FairShake we’ve helped thousands of people with claims against T-Mobile and other big companies that ripped them off get millions of dollars in settlement offers… [continued below]

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Has T-Mobile not been playing by the rules? Have you tried getting a refund from T-Mobile and gotten nowhere?

You’re not alone. From what we hear, a lot of people out there have tried all the T-Mobile customer service options and not gotten satisfaction.

There are other ways to bring your T-Mobile complaint, but not many with real consequences, which is why some T-Mobile customers turn to the legal system.

So where should you start if you want to sue T-Mobile? You might think there would be tons of class action lawsuits against T-Mobile. But the truth is more complicated.

Companies like T-Mobile add clauses to their contract requiring consumer consumer arbitration. This gives them the right to force legal claims out of most US courts.

But your T-Mobile contract can’t take away your right to sue entirely.

Here’s what you can do…

Make a Legal Claim

Two options to Sue T-Mobile

The first option for suing T-Mobile is through consumer arbitration. Contracts with arbitration clauses give you the right take legal action through an officially-designated, independent dispute process that’s not a court and won’t require showing up in person. This can be a better option for a lot of regular people.

How do you get started? That’s what FairShake is here for. We can help you start the legal process against T-Mobile in under 10 minutes, and we’ll only charge if you win compensation. FairShake’s customers have been offered millions of dollars in settlements. You can learn more or start a claim now.

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The second way to sue T-Mobile, if you want to avoid the arbitration system, is to use Small Claims Court. Because Small Claims Court processes differ from place to place, FairShake can’t help out here. It may require showing up in person and filling out some forms.

If you’re ready to take your T-Mobile claim to Small Claims Court , read on below:

Taking T-Mobile to Small Claims Court Step-by-Step

Does you situation qualify to sue T-Mobile in small claims court?

Watch: How to File an Official Claim

Can you sue T-Mobile? These are your options when you have a complaint against T-Mobile that they won’t resolve.

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:

The amount of money: Every small claims court sets a maximum dollar size for the claim you can bring, which means the amount you are asking for from T-Mobile has to fit within these limits. Most states have limits around $5000 or $10,000, but it can be as low as $2,500 (in Kentucky and Rhode Island). You can find a list of all 50 states’ monetary limits here.
The type of relief: There are normally two types of awards that you can seek in a lawsuit – monetary (a dollar value payment) and equitable (any non-monetary request), however, in most small claims courts can only grant monetary awards which is fine because chances are you are asking T-Mobile for money anyway, not for a new car.

If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.

Ready to take on T-Mobile and win compensation?

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Send T-Mobile your demand letter

Most small claims courts require that you ask the person you’re suing (the “defendant”) to fix your problem voluntarily before you file your claim. This just means if you want to sue T-Mobile in small claims court, you need to send them a demand letter asking them to fix the problem before you head up those courthouse steps.

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.)

Fill out your court forms

In order to sue T-Mobile in small claims court, you’re going to need to fill out some paper work.

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.

Small claims court is often expensive and time consuming. Try arbitration instead.

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File your claim with the court.

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.

Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. If you are lucky, where you live will allow you to file by mail, fax or (for a few courts) online.

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.

“Serve” T-Mobile the forms.

If you’ve made it this far – good work! Suing T-Mobile in small claims is a long and tough process.

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!

Go to court.

Your county clerk will give you a court date when you file the forms and that date is your court date. You will need to be on time, at the right courthouse, with your copy of your filed forms, and any other evidence that backs up your case against T-Mobile.

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? Consumer arbitration is often faster and cheaper than small claims court. FairShake can help you submit a claim for free.

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