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Want to sue TracFone in small claims court?

Guide to Sue TracFone in Small Claims Court

Your TracFone contract probably prohibits you from taking legal action against TracFone in any court except Small Claims Court. It can be complicated and time consuming, but if you sue TracFone in small claims court it usually gets you what you want. We explain the steps…

1

Make sure you can sue TracFone in small claims court.

Before you can head off and sue TracFone you have to make sure your case qualifies. Small claims courts are a specific type of court and therefore they only take on specific types of cases. What are the limitations?

  1. The first limitation is the amount of money. There are maximum dollar sizes you can ask for in compensation based on the state in which you live. You can find a list of all 50 states’ monetary limits here.
  2. The second limitation is the type of compensation you are asking for a. While in traditional courts you can ask for all manner of things like monetary compensation which is the dollar value of amount or equitable compensation which is any non-monetary item, in small claims court you can usually only ask for a monetary amount when you sue TracFone.

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

 

2

Send a demand letter to TracFone.

Now it’s time to write the demand letter. Before you can run off and sue TracFone in small claims court, you have to ask the company voluntarily to fix the problem.

This is a formal legal process but don’t let that intimidate you. The letter itself only has to be a few sentences telling the company who you are (your name, address, phone number and account number), what the problem is, and what you want from them. 

Once you’ve written a letter, send a hard copy through certified mail or some other mail that lets you confirm receipt to their official legal address:

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.

3

Fill out court forms.

If no response was received by the company after sending this letter, now you sue TracFone in small claims court. Every state has different forms they require if you want to sue TracFone in small claims court and in some cases your county will have extra forms. 

All the forms you need can be found on your state court website for free. Find your state court website here

Take a look at how many copies you need at the same time. Most states require three or four copies for the next step.

 

4

File your court forms.

Now it’s time to file those forms with your court.

There are very specific steps to be followed during this stage and all other stages and most courts require that you physically come to the courthouse to hand-deliver the documents to the clerk. If you are very lucky you might live in a place where you can send them through the mail or fax but in almost all cases you have to go to court in person to sue TracFone in small claims court.

You also have to pay a filing fee in order to sue TracFone in small claims court. Once that’s paid, or waived if you are a low income plaintiff and your county offers waivers, the clerk will stamp and approve your forms, give you back your copies along with your hearing date.

5

“Serve” your forms on TracFone.

To sue TracFone in small claims court you now need to “serve” the company officially. For this, the goal is to send the company their copy of the court documents you filed.  

There are specific rules for each court on how to do this. You can find the rules on your court site or search for “[your state] small claims service of process”. 

No matter how odd the rules look, follow them perfectly otherwise the court might dismiss your case with no compensation.

6

Show up for your hearing.

Be sure to mark your hearing date on the calendar and go to the right courthouse when it’s time. Bring with you your copy of the file court forms and any other evidence you have to back up your decision to sue TracFone in small claims court.

TracFone may or may not send anyone to oppose you but your job either way is to focus on your side of the story. The judge will likely make a decision the same day but it could go on for a few days or weeks.

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

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