How to Sue Vivint in Small Claims Court

So you’re looking to sue Vivint Smart Home?

At FairShake we’ve helped thousands of people ripped off by big companies like Vivint Smart Home. 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 Vivint Smart Home? Feeling like there’s nowhere to turn?

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

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

So, if you’re thinking of suing Vivint Smart Home, 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 Vivint Smart Home to push legal claims into the private realm of consumer arbitration, away from conventional courts.

But here’s the thing: your Vivint Smart Home 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 Vivint Smart Home:

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 Vivint Smart Home 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 Vivint Smart Home to Small Claims Court will typically involve appearing in person and completing necessary forms.

If you’re ready to sue Vivint Smart Home in Small Claims Court, read on below:

Taking Vivint Smart Home to Small Claims Court Step-by-Step

Make sure your claim qualifies for small claims court before you sue Vivint.

Ready to sue Vivint Home Security 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 to pay attention to:

The amount of money: Every small claims court sets a maximum dollar size 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 (any 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 may be able to arbitrate your claim instead.

Send your demand letter.

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. So if you want to sue Vivint Home Security in small claims court, you need to send them a demand letter first.

Your demand letter can be simple and straightforward – tell Vivint Home Security who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The whole letter can be a few sentences – remember that you are just checking a box before you file your actual claim.

When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address. According to our most recent research, Vivint Smart Home is legally based in Utah and receives mail at this address:

VIVINT, INC.
C/O CT CORPORATION SYSTEM
1108 E SOUTH UNION AVE
Midvale, UT 84047

If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.

Fill out court forms.

In order to sue Vivint Home Security in small claims court, you’re going to need to fill out some paper work.

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

Make sure you fill out enough forms – most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don’t have the right number, they will not accept your claim.

“File” your complaint form with the court.

When you’re done filling out the court forms, it’s time to give those forms to the court. This process, called “filing” can be a bit tricky.

Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (for a few courts) online.

All courts will require you to pay a filing fee before they allow your to sue Vivint Home Security in small claims. This fee, which will be published on your court’s website, can sometimes be waved if you are a low income plaintiff.

When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe and bring it with you on the day of your hearing.

“Serve” your forms to Vivint Home Security.

This is a long and arduous process, but when you sue Vivint you have to do a bit more than just fill out forms.

Now you need to tell Vivint Home Security that it’s been sued. This is a called “serving” Vivint Home Security. To do this, you need to deliver a copy of your filed papers to Vivint Home Security.

Look at your court’s website for instructions on how to properly deliver your forms to Vivint Home Security, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant, and your claim will be dropped if you do not follow them perfectly. So be careful!

Go to court.

When the court clerk gives you a court date (after you file your forms), make sure to put it on your calendar.

Make sure you know which courthouse to go to. Bring your copy of your filed forms, and any other evidence that backs up your case against Vivint Home Security.

Sometimes, Vivint Home Security will not show up to oppose you, other times they send a representative. If they don’t send anyone, take advantage of the situation to focus on your side of the story.

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

How to Sue Vivint Smart Home