How to Sue Windstream in Small Claims Court

So you’re looking to sue Windstream?

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

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

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

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

But here’s the thing: your Windstream 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 Windstream:

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

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

Taking Windstream to Small Claims Court Step-by-Step

MAKE SURE YOUR CLAIM QUALIFIES FOR SMALL CLAIMS COURT

Are you ready to sue Windstream in small claims court? Small claims courts are only for certain types of claims, so your first step is to make sure your claim qualifies for a lawsuit. There are two things you need to know before filing a claim:

The amount of money: Every small claims court sets a maximum dollar amount for the claim consumers 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.
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 grant just 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 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 Windstream in small claims court, you first need to send the company a demand letter.

Your demand letter should be clear and concise. Tell Windstream who you are (your name, address, phone number, and account number), what the problem is, and what you want from them. The letter should be a few sentences. Remember that you are just 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 so you can prove it got delivered. According to our most recent research, Windstream is legally based in Delaware and receives mail at this address:

WINDSTREAM COMMUNICATIONS, LLC
C/O REGISTERED AGENT SOLUTIONS, INC.
838 WALKER ROAD SUITE 21-2
DOVER, DE 19904

If you would like examples of demand letters or more information about how to write them, you should use this excellent guide.

FILL OUT COURT FORMS

In order to sue Windstream in small claims court, you need to submit plenty of paperwork.

Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will 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 submit 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 can discharge your claim.

FILE YOUR COMPLAINT FORM WITH THE COURT

When you’re done filling out the court forms, it’s time to hand over forms to the court. This process called “filing” can be frustrating.

Many courts require plaintiffs to deliver paperwork in person during limited times during the day. Other courts allow plaintiffs to file by fax, mail, or online.

All courts require plaintiffs to pay a filing fee before the court allows you to sue Windstream in small claims court. This fee, which is published on the 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 reminder about the court date. Keep everything organized and stored in a safe place until the day of the hearing.

SERVE YOUR FORMS TO WINDSTREAM

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

Now that you’ve filed the papers required to start your case against Windstream, you need to tell Windstream about the lawsuit. This is a called “serving” Windstream. To do this, you need to deliver copies of your filed paperwork to Windstream.

Look at your court’s website for instructions on how to properly deliver your forms to Windstream, or search for “[your state] small claims service of process”. Courts have adopted several strict rules concerning how to serve a defendant. Follow every rule to prevent the court clerk from dismissing your claim.

SHOW UP FOR YOUR COURT DATE

When the court clerk gives you a court date, make sure to put it on your calendar. Write down the location of the courthouse, as well as bring the copes of your filed paperwork. You should also bring additional evidence that boosts your claim against Windstream. Sometimes, Windstream does not show up to oppose plaintiffs. If that happens to you, take advantage of the situation to emphasize your side of the story.

Are you ready to sue Windstream in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

How to Sue Windstream