Looking to sue Total Wireless? Small claims court is an option, and you may have others…
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…
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…
Learn more about the consumer arbitration process here.
If you’re ready to sue Total Wireless in Small Claims Court, read on below:
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.
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 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.
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.
When you’re done filling out the court forms, the time has come to submit the forms to the court clerk.
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.
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.
Are you ready to sue Total Wireless in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…