Thanks to an arbitration clause in your TransUnion terms of service contract, you can’t sue TransUnion in any court except small claims court. It can be complicated and time consuming, but suing TransUnion in small claims court often ends with a favorable ruling for the plaintiff.
Are you ready to sue TransUnion in small claims court? Small claims courts are for certain types of claims. The first step is to make sure your claim qualifies for litigation in a small claims court. Here are two important aspects of filing 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.
If your claim does not qualify for litigation in a small claims court, you’ll have to arbitrate your claim instead.
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. If you want to sue TransUnion in small claims court, you first need to send the company a demand letter.The demand letter can be simple and straightforward. Tell TransUnion who you are (your name, address, phone number and account number), what the problem is, and what you want from the company. The whole letter can consists of just a few sentences. Quality is more important the quantity.
When you’re done writing the demand letter, you need to mail a hard copy of the letter, preferably as certified mail, to the company’s legal address. TransUnion is legally based in Delaware and receives mail at this address :
TRANS UNION LLC
THE PRENTICE-HALL CORPORATION SYSTEM, INC.
251 LITTLE FALLS DRIVE
WILMINGTON, DE 19808
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
In order to sue TransUnion in small claims court, you need to fill out some paperwork.Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will ask for additional forms. The correct forms for you to obtain are 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 right number of copies, expect the court clerk not to accept your claim.
When you’re done filling out the court forms, it’s time to submit the forms to the court. The process, which is referred to as called “filing,” can be a bit tricky.
Many courts require plaintiffs to come to the courthouse at certain times to deliver the forms to the court clerk. Other courts may allow you to file by fax, mail, or online.All courts require plaintiffs to pay a filing fee before they allow plaintiffs to sue TransUnion in small claims court. This fee, which is published on your state court website, is sometimes waived if if you qualify as a low income plaintiff.
When you file your forms, the court clerk provides you with a stamped copy of the forms, as well as reminder about the court date. Keep it all the information secure, and bring it with you on the day of the hearing.
If you’ve made it this far, good work! Suing TransUnion in small claims court is a long and difficult process.Now that you’ve filed the paperwork required to start your case against TransUnion, you need to tell TransUnion that you have filed the paperwork to move forward with your case. To do this, you need to deliver copies of your filed paperwork to the TransUnion corporate office.
Look at your court’s website for instructions on how to properly deliver your forms to TransUnion, or search for “[your state] small claims service of process”. Courts have many complex rules about how to serve a defendants. Make sure to follow every rule mandated by the court to prevent the court clerk from dropping your claim.
When the court clerk gives you a court date, make sure to put it on your calendar. You need to know where the hearing is to be held, as well as bring all the evidence you need to support your claim. Sometimes, TransUnion does not show up to oppose plaintiffs. If that happens to you, take advantage of the situation to present on your side of the story.Are you ready to sue TransUnion in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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