How to Sue Total Wireless in Small Claims Court

So you’re looking to sue Total Wireless?

At FairShake we’ve helped thousands of people ripped off by big companies like Total Wireless. And we’ve helped get millions of dollars in settlement offers…

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Tired of hitting dead ends when trying to get a refund from Total Wireless? Feeling like there’s nowhere to turn?

You’re not alone. It seems like many people have tried all the Total Wireless customer service options, but still feel unheard.

There are different ways to file a complaint against Total Wireless, but none have the same power and leverage as taking legal action.

So, if you’re thinking of suing Total Wireless, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.

What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Total Wireless to push legal claims into the private realm of consumer arbitration, away from conventional courts.

But here’s the thing: your Total Wireless contract doesn’t have the power to take away your right to pursue legal action by suing them.

Here’s what you can do…

Two options to Sue Total Wireless:

Consumer Arbitration: This involves accessing an official and independent dispute resolution process that is not a court. It provides an opportunity to seek compensation for your complaint without the need to appear in person. For many, this can be a preferable option.To find out if you can take Total Wireless to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.
Learn more about the consumer arbitration process here.
Small Claims Court: If you prefer to avoid the arbitration system, you can opt for Small Claims Court. You should know that the procedures for Small Claims Court may vary depending on your jurisdiction.Taking Total Wireless to Small Claims Court will typically involve appearing in person and completing necessary forms.

If you’re ready to sue Total Wireless in Small Claims Court, read on below:

Taking Total Wireless to Small Claims Court Step-by-Step

MAKE SURE YOUR CLAIM QUALIFIES FOR SMALL CLAIMS COURT

Ready to sue Total Wireless in small claims court? Small claims courts are only for certain types of claims, so your first step is to make sure your claim can be filed. There are two things you need focus on before you file a lawsuit.

The amount of money: Every small claims court sets a maximum dollar amount for the claim you can bring. In most states it’s either $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 two types of awards that you can seek in a lawsuit: monetary (a dollar value payment) and equitable (a non-monetary request). Most small claims courts can only grant monetary awards.

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

SEND A DEMAND LETTER

Most small claims courts require that you ask the person or company you’re suing to fix your problem voluntarily before you file a claim. If you want to sue Total Wireless in small claims court, you first need to send the company a demand letter.

Your demand letter should be simple and straightforward. Explain to Total Wireless who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The demand letter should consist of just a few sentences.

When you’re done writing the demand letter, you need to mail a hard copy of the letter to Total’s legal address. According to our most recent research, Total Wireless is part of TracFone, which is legally based in Delaware and receives mail at this address:

TRACFONE WIRELESS, INC.
C/O THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER 1209 ORANGE ST
WILMINGTON, DE 19801

If you would like examples of demand letters or more information about how to write them, check out this excellent resource.

FILL OUT COURT FORMS

In order to sue Total Wireless in small claims court, you have to complete a series of legal documents

Each state has a set of forms that need to be filled out to file a claim, and sometimes counties want plaintiffs to file additional forms. The correct forms for your location is available for free on your state court website.

Make sure you fill out enough forms. Most states that require you to file forms by mail or in-person ask for 3 or 4 copies. If you don’t submit the correct number of copies, the court clerk has the legal power to dismiss your lawsuit against Total Wireless.

FILE YOUR COMPLAINT FORM WITH THE COURT

When you’re done filling out the court forms, the time has come to submit the forms to the court clerk.

Many courts require plaintiffs to deliver the court documents during specific hours and days. Other courts allow plaintiffs to file by fax, mail, or online.

All courts require plaintiffs to pay a filing fee before allowing a lawsuit to begin in small claims court. The fee, which is published on your court website, is sometimes waived for low income plaintiffs.

When you file the court forms, the court clerk provides you with a stamped copy of the forms and a reminder about the court date.

SERVE YOUR FORMS TO TOTAL WIRELESS

If you’ve made it this far, congratulations! Suing Total Wireless in small claims court can be frustrating.

Now that you’ve filed the papers required to start your case against Total Wireless, the company needs to learn about your lawsuit. This is a called serving Total Wireless. To do this, you need to deliver copies of your filed papers to the company.

Look at your court’s website for instructions on how to deliver your forms to Total Wireless in a timely manner, or search for “[your state] small claims service of process”. Courts adopt stringent rules for serving defendants. You need to serve Total Wireless by following every rule established by the court hearing your lawsuit.

SHOW UP FOR YOUR COURT DATE

When the court clerk gives you a court date, make sure to put it on your calendar. Write down the address of the courthouse and the number of the courtroom. Arriving just a few minutes late for the hearing can derail your case. Bring copies of your filed forms, and any other evidence that supports your case against Total Wireless. Sometimes, Total Wireless does not show up for small claims court hearing. If Total Wireless does not show up for your case, then use the extra time to present your side of the story.

Are you ready to sue Total Wireless in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

How to Sue Total Wireless