How to Sue Virgin Mobile in Small Claims Court

So you’re looking to sue Virgin Mobile?

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

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

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

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

But here’s the thing: your Virgin 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 Virgin 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 Virgin 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 Virgin Mobile to Small Claims Court will typically involve appearing in person and completing necessary forms.

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

Taking Virgin Mobile to Small Claims Court Step-by-Step

Does your case qualify to sue Virgin Mobile in small claims court?

Ready to sue Virgin Mobile in small claims court? First you need to make sure your situation qualifies for small claims court. There are two things that can limit your ability to sue Virgin Mobile:

The type of compensation. Usually you can ask for monetary compensation, a dollar amount, or equitable compensation, anything other than money. However, most small claims courts limit you to a dollar amount so any property damage you have a complaint about has to be converted to a dollar figure. This leads to the second limit…
The amount of money: Every small claims court sets a maximum dollar size for the claim you can bring. So if you need compensation for charges and damaged property, you are limited by your state cap. In most states it’s either $5000 or $10,000, but it can be as low as $2,500. You can find a list of all 50 states’ monetary limits here.

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 Virgin Mobile a demand letter.

Before you sue Virgin Mobile, you have to ask them to fix the issue voluntarily. This is required of just about every small claims court.

It is a simple process that requires a written letter called the “demand letter”. Just write to Virgin Mobile with 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, you just have to make sure you do it. The goal is for them to realize the mistake and fix it before you have to sue Virgin Mobile.

When you are done writing, send a hard copy via certified mail to their legal address. According to our most recent research, Virgin Mobile is legally based in Delaware and receives mail at this address:

Virgin Mobile USA, L.P.
C/O CORPORATION SERVICE COMPANY
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.

Fill out court forms.

If your demand letter didn’t do the trick, you now sue Virgin Mobile in small claims court, a process which beings with some paperwork.

Each state has different forms they require, and some counties tack on additional forms. You can find all the forms for your area on your state court website here.

You also need the right number of copies, which is usually 3 or 4 (one for you, one for Virgin Mobile, and one for the court).

If you don’t have the right forms or the right quantity you won’t be able to sue Virgin Mobile.

File your complaint forms with the court.

When you’re done filling out the court forms, you officially sue Virgin Mobile by “filing” the forms with the court. This can be a complicated process.

Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms sue Virgin Mobile. You need to bring them to the court clerk. If you are lucky, your court may allow you to file by mail, fax or (for a few courts) online.

You will need to pay a filing fee before they allow you to sue Virgin Mobile 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 those documents safe–remember one copy is for Virgin Mobile.

“Serve” Virgin Mobile.

This leads to the next step: serving Virgin Mobile.

Serving is an official process where you notify the company they are being sued. You need to give Virgin Mobile their copy and follow specific rules when doing so.

Look at your court’s website for instructions on how to properly deliver your forms to Virgin Mobile, 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.

Show up for court.

When the court clerk gives you a court date (after you file your forms), put it on your calendar. This is not a date you want to miss.

Here you will have your chance to show why you decided to sue Virgin Mobile (how you tried the demand letter first, etc…) and why you deserve compensation.

The judge will hear you out and Virgin Mobile may or may not send someone to oppose you.

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

How to Sue Virgin Mobile