Looking to sue Tracfone? 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 Tracfone. 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 Tracfone? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Tracfone customer service options, but still feel unheard.
There are different ways to file a complaint against Tracfone, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Tracfone, 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 Tracfone to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Tracfone 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 Tracfone in Small Claims Court, read on below:
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?
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
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. According to our most recent research, TracFone 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, you can find an excellent guide here.
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.
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.
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.
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…
The Ultimate Guide to Consumer Complaints
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