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How to Sue Equifax

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

So you’re looking to sue Equifax?

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

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

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

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

But here’s the thing: your Equifax 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 Equifax:


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

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


Taking Equifax to Small Claims Court Step-by-Step


1

The qualifier.

Before you sue Equifax you need to make sure your case qualifies. Small claims courts are reserved for specific types of legal issues and they have limits.

  1. The first limit is the type of compensation you can ask for. Most small claims courts don’t let you ask for anything other than monetary compensation, that is, a dollar amount. So anything that went wrong, any damages that you and your dad have to be converted into a dollar value. You can find a list of all 50 states’ monetary limits here.
  2. The second is the limit of that dollar value. Small claims courts have monetary limits that range between $2,500 and $10,000 depending on your state. So if your request Falls outside of these parameters it won’t qualify.

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

The demand letter.

Assuming your case qualifies the first requirement for most small claims courts is to ask the company to voluntarily provide a solution. So before you can sue Equifax you have to ask them to fix your problem.

This is done through the formal process of a demand letter. The demand letter is a very simple letter that just explains your contact information, your problem, and what you want Equifax to do to solve that problem.

You send a hard copy of this demand letter to their official mailing address. According to our most recent research, Equifax is legally based in Georgia and receives mail at this address:

Equifax Inc.
C/O Corporation Service Company
2 Sun Court
Suite 400
Peachtree Corners, GA, 30092

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

3

The court forms.

If nothing happens as a result of the demand letter now you move forward with the process to sue Equifax in small claims court by filling out some paperwork. 

Your state court website will have information on what forms you need to fill out based on where you live. It’s important to pay attention to these and have every form ready to go.

You also need to make sure you have the right number of copies. Courts are pretty finicky about how many copies do you need and in most cases it’s three or four.

 

4

The filing.

 

Now you have to bring the documents to the court and officially file. This is where the courts put it on record that you are going to sue Equifax and assign you a court date.

For this process most small claims courts require that you appear in person but in some small cases you might be able to send your documents through the mail, through fax, or in rare cases online.

The county clerk will charge you a small claims court filing fee the amount of which can be found on your state court website. Once you pay the fee and all the documents are in order they will stamp them and assign you a hearing.

 

5

The “serving”.

One of the documents you get back is for Equifax. You have to officially serve the company in accordance with your state rules.

Again, there are very specific rules for how you serve the company, how you inform them that they are being sued. You have to follow each and every one of them.

No matter how odd a rule seems don’t neglect it because failure to follow each rule in this step can result in your case being thrown out with no compensation.

6

The hearing.

Assuming you followed all the rules now you have to head to court for your hearing. With this hearing you presented the judge any evidence you have.

Be sure to bring your stamped copy of all the forms you filed and your evidence. Equifax may or may not send someone to oppose you but in any case it’s your job to present to the judge why you decided to sue Equifax and why you deserve compensation.

 

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








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