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How to Sue Alamo

Looking to sue Alamo? Small claims court is an option, and you may have others…

So you’re looking to sue Alamo?

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

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

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

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

But here’s the thing: your Alamo 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 Alamo:


  • 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 Alamo 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 Alamo to Small Claims Court will typically involve appearing in person and completing necessary forms.

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


Taking Alamo to Small Claims Court Step-by-Step


1

MAKE SURE YOUR CLAIM QUALIFIES FOR SMALL CLAIMS COURT

Small claims courts are only for certain types of claims, which means you have to make sure your claim qualifies for the legal process. A FairShake representative can help you determine the status of your complaint. You need to know two important factors for small claims court:

  1. 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.
  2. The type of relief: There are two types of awards that you can seek in a lawsuit: monetary (a dollar value payment) and equitable (a non-monetary request). Most small claims courts give only 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.

2

SEND A DEMAND LETTER

Most small claims courts require that you ask the person or company you’re suing to fix your problem voluntarily before you file a claim. If you want to sue Alamo in small claims court, you need to send the company a demand letter to start the legal process.

Writing a demand letter should be simple and straightforward. Tell Alamo who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The whole letter should span just a few sentences. You are simply checking a box on your to do list before filing a claim.

When you’re done writing the demand letter, you need to mail a hard copy of the letter, preferably as certified mail, to Alamo’s legal address. According to our most recent research, Alamo is legally based in Delaware and receives mail at this address:

EAN Services, LLC
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 should refer to this helpful guide.

3

FILL OUT COURT FORMS

In order to sue Alamo in small claims court, you’re going to 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 request additional forms. The correct forms for your location is 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 correct number of copies, the court clerk has the legal authority to dismiss your lawsuit.

4

FILE YOUR COMPLAINT FORM WITH THE COURT

When you’re done filling out the court forms, it’s time to give the forms to the court. This process called “filing” requires considerable patience.

Many courts require plaintiffs to deliver court forms in person at specific times on certain dates. Other courts allow plaintiffs to file court forms by fax, mail, or online.

All courts require plaintiffs to pay a filing fee before allow a lawsuit to move forward in small claims court. This fee, which is published on your court website, is sometimes waived for low income plaintiffs.

When you file your forms, the court clerk provides you with a stamped copy of the forms and a note reminding you of the court date.

5

SERVE YOUR FORMS TO ALAMO

If you’ve made it this far, good work! Suing Alamo in small claims is a long and tough process.

Now that you’ve filed the paperwork required to start your case against Alamo, you need to tell Alamo you have served the company with court forms. To do this, you need to deliver copies of your filed court forms to the company.

Look at your court’s website for instructions on how to deliver your forms to Alamo, or search for “[your state] small claims service of process”. Many courts have adopted rigid rules for serving defendants. Follow each rule, and you should be good to go for your case in small claims court.

6

SHOW UP FOR YOUR COURT DATE.

When the court clerk gives you a court date, make sure to put it on your calendar. Know the location of the courthouse, as well as the number of the courtroom. Bring copies of your filed forms, and any evidence that supports your complaint against Alamo.

Sometimes, Alamo does not show up to oppose plaintiffs. If that happens to you, take advantage of the situation to explain your complaint against Alamo.

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







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