Looking to sue Cox? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people with claims against Cox and other big companies that ripped them off get millions of dollars in settlement offers… [continued below]
Some people say it’s hard getting a refund from Cox.
A lot of customers out there have tried all the Cox customer service options. Maybe you’ve even tried other ways to bring your Cox complaint.
But if you haven’t gotten your problem solved, you’re not alone.
So what should you know if you want to sue? First you may think there would be tons of class action lawsuits against Cox to look into. But the truth is more complicated.
Companies like Cox add what’s called an arbitration clause to their contract. It gives them the right to force legal claims out of most US courts. But your Cox contract can’t take away your right to sue entirely.
Here’s what you can do…
The first way to sue Cox is through consumer arbitration. If your contract has an arbitration clause it gives you the right take legal action against Cox through an officially-designated, independent dispute process that’s not a court and won’t require showing up in person. This can be a better option for a lot of regular people.
The second way to sue Cox, if you want to avoid the arbitration system, is to use Small Claims Court. While their contract may keep lawsuits out of state and federal courts, they can’t stop you from pursuing the small claims process. If you’re ready to sue Cox on your own, read on below:
Small claims courts are only for certain types of claims, which means your first step is to make sure you are eligible to file a claim. There are two things you need to know before proceeding with a small claims court case:
Every small claims court sets a maximum dollar amount for resolving a claim. In most states, the maximum amount allowed is 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.If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Most small claims
courts require you to ask the person or company you’re suing to fix the problem voluntarily before you file a claim. If you want to sue Cox in small claims court, you need to send them a demand letter.
Writing a demand letter should use language that is simple and straightforward. Tell Cox Communications who you are (your name, address, phone number and account number), what the problem is, and what you want from the company. The entire letter can consist of just a few sentences.
When you’re done writing the demand letter, you need to mail a hard copy of the letter, preferably as certified mail, to:
Cox Legal Department, Attn: Litigation Counsel
6205B Peachtree Dunwoody Road
Atlanta, GA 30328*
If you would like examples of demand letters or more information about how to write them, refer to this useful guide.
*The address is taken from Cox’s Residential Service Agreement, here
In order to sue
Cox Communications in small claims court, you need to fill out a considerable amount of paperwork.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will require the submission of additional forms. The correct forms should be 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 have the right number of copies, the state court will not accept your claim.
When you’re done filling out the court forms, it’s time to give the forms to the court. The process can be a bit tricky.
Many courts 
require plaintiffs to come to the courthouse during specific times of the day day to deliver the forms to the court clerk. Other courts allow you to file by fax, mail, or online.
All courts require plaintiffs to pay a filing fee before they allow a lawsuit against Cox Communications. This fee, which is published on the court website, is sometimes waived if a plaintiff qualifies as a low income plaintiff.
When you file your forms, the court clerk provides you with a stamped copy of the forms and a court date. Keep the forms secure, and bring them with you on the day of your hearing.
If you’ve made
it this far, good work! Suing Cox in small claims is a long and difficult process.
Now that you’ve filed the papers required to start your case against Cox Communications, you need to tell Cox Communications about the lawsuit. This is a called “serving” Communications. To do this, you need to deliver a copy of your filed papers to Cox Communications.
Look at your court’s website for instructions on how to deliver your forms properly, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant. The court might drop your claim if you do not follow the rules perfectly.
When the court
clerk gives you a court date, make sure to put it on your calendar.
Make sure you know where the hearing take place. Bring copies of your filed forms, and any other evidence that backs up your case against Cox.
Sometimes, Cox will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Are you ready to sue Cox in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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FairShake’s Ultimate Guide to Consumer Complaints
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