How to Sue Walmart Family Mobile in Small Claims Court

So you’re looking to sue Walmart Family Mobile?

At FairShake we’ve helped thousands of people ripped off by big companies like Walmart Family Mobile. 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 Walmart Family Mobile? Feeling like there’s nowhere to turn?

You’re not alone. It seems like many people have tried all the Walmart Family Mobile customer service options, but still feel unheard.

There are different ways to file a complaint against Walmart Family Mobile, but none have the same power and leverage as taking legal action.

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

But here’s the thing: your Walmart Family Mobile 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 Walmart Family Mobile:

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 Walmart Family Mobile 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 Walmart Family Mobile to Small Claims Court will typically involve appearing in person and completing necessary forms.

If you’re ready to sue Walmart Family Mobile in Small Claims Court, read on below:

Taking Walmart Family Mobile to Small Claims Court Step-by-Step

Do you qualify to sue Walmart Family Mobile in small claims court?

Ready to sue Walmart Family Mobile in small claims court? First things first, you need to make sure you qualify. Small claims courts are reserved for specific types of situations and there are two things that might disqualify you:

The amount of money: Every small claims court sets a maximum dollar size for the claim you can ask for when you sue Walmart Family Mobile. In most states it’s either $5000 or $10,000, but it can be as low as $2,500. Look up your state limits here.
The type of relief: There are two types of awards that you can seek in a lawsuit under normal conditions- monetary (a dollar value payment) and equitable (any non-monetary request). But if you sue Walmart Family Mobile in most small claims courts you can only get monetary awards.

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

Send sue Walmart Family Mobile a 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 Walmart Family Mobile in small claims court, you need to send them a demand letter first.

Your demand letter can be simple and straightforward. Just tell Walmart Family Mobile who you are (your name, address, phone number and account number), what the problem is, and what you want from them.

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 Walmart Family Mobile’s parent company. According to our most recent research, you can use 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.

Fill out court forms.

If the demand letter didn’t work, you move on and sue Walmart Family Mobile in small claims court, which starts with filling 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. Find your state court website here.

Most states that require you to file forms by mail or in-person (see Step 3) will ask for 3 or 4 copies. If you don’t have the right number, they will not let you sue Walmart Family Mobile.

File your forms with the court.

Once the forms are ready, you have to bring them to the court and officially “file”.

Most courts require you to bring the documents in person and hand deliver them while others 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 Walmart Family Mobile in small claims. The fee can sometimes be waved if you are a low income plaintiff.

The clerk will give you a stamped copy back and your hearing date.

“Serve” Walmart Family Mobile.

The next step when you sue Walmart Family Mobile is to tell them they have been sued.

This is a called “serving” Walmart Family Mobile. To do this, you need to deliver a copy of your filed papers to Walmart Family Mobile.

Go back to your court website and look for instructions on how to properly deliver your forms to Walmart Family Mobile, or search for “[your state] small claims service of process”. You have to follow each and every rule no matter how strange or you won’t be able to sue Walmart Family Mobile.

Go to your hearing with Walmart Family Mobile.

The hearing date you were given is your court date.

Make sure you prepare and arrive on time with your copy of the filed forms against Walmart Family Mobile and any evidence you have.

This is your chance to explain to the judge why you were in the right when you decided to sue Walmart Family Mobile. Walmart may or may not send anyone to oppose you, but your job is to focus on your side of the story.

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

How to Sue Walmart Family Mobile