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How to Sue Metro

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

So you want to sue Metro by T-Mobile?

Maybe you’ve tried all the Metro customer service options. Maybe you’ve even tried other ways to bring your Metro complaint.

But some people say it’s hard to get a refund from Metro. And while you might think you have the right to a class action lawsuit against Metro, it’s actually more complicated.

A lot of companies like Metro add what’s called an arbitration clause to their contracts. It gives them the right to force legal claims out of state or federal courts. But you still have rights to sue under your Metro contract.

Here’s what you can do…

Two ways to Sue Metro

The first way to sue Metro is through consumer arbitration. If your contract has an arbitration clause it gives you the right take legal action against Metro 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 Metro, 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 Metro on your own, read on below:


Taking Metro to Small Claims Court Step-by-Step

1

Can you sue MetroPCS in small claims court? Does your claim qualify?

The first step is making sure the claim qualifies. Before you can run off and sue MetroPCS in small claims court, check two things:

  1. Is it monetary? Most courts will allow you to ask for two types of damages, monetary (a dollar amount) or equitable (anything else, like physical property). But when you sue MetroPCS in small claims court, you can usually only ask for monetary compensation. 
  2. Is it the right amount? Small claims courts have limits on what you can ask for when you sue MetroPCS in court, and these limits vary by state. So, you need to verify what your limits are where you live to see if you are asking for too much to qualify. You can find your state limits here.

If your claim doesn’t qualify, there are still options, and we can help. At FairShake we can guide you through binding arbitrationContact FairShake today to start your claim.


Watch: An Intro to FairShake

FairShake co-founder, Max, walks you through how FairShake can help you file an official legal claim against Metro.


Ready to start a claim against Metro? Submitting a claim is free.

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2

Send a demand letter.

Once you are ready to sue MetroPCS in small claims court and you know your claim qualifies, you have to send a demand letter first and foremost. This is just one more step before you ever visit the court and it’s done in an effort to make sure you have tried every option available before you sue MetroPCS in small claims court.

This letter can be very simple and straightforward, just a few sentences explaining your contact information, what your problem is, and what you want the company to do to resolve the issue. This just gives them a chance to voluntarily fix the problem.

When you are done you send a hard copy of the letter to the official mailing address via certified mail or some other form of mail that tracks the confirmation of delivery.

According to our most recent research, legal notices under your Metro agreement should be sent to T-Mobile USA, which is legally based in Delaware and receives mail at this address:

T-MOBILE USA, INC.
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.

3

Fill out court forms.

Make sure to fill out enough copies of your court files

After this, the next step to sue MetroPCS in small claims court is to fill out the right paperwork. Every state has a different set of paperwork required and sometimes depending on where you live your county might add extra files and forms as well.

Find your state court website here. Make sure you also verify how many copies you need. Every court is different and some require three or four copies of all the paperwork.

4

File the forms in court.

Once your documents are ready, the next step to sue MetroPCS in small claims court is filing those documents. This is a legal process where you go to the court in most cases and hand deliver the documents to the county clerk. Your court clerk will review everything.

You will have to pay a fee to sue MetroPCS in small claims court after which the clerk will stamp your documents, give you back your copies, and assign you a hearing date. If you are a low income plaintiff and you can’t afford the fee, you might be able to apply to have it waived. The amount of this fee will be posted on your court website.

5

“Serve” your forms on MetroPCS.

Follow the rules carefully

Now comes the process of officially serving the company which is when you legally notify them that they are being sued. One of the reasons you have to bring so many copies of your forms to the courthouse is so that you have extras with which to serve the company.

There are different rules for how to give the company their copy, how to officially serve them. You can look at your state court website  again to find the rules for your area or you can search “small claims service of process” requirements in your area with a generic web search. This will help you narrow down what rules you have to follow.

Every court is different and if you don’t follow each and every rule, they could dismiss your case which means you get no compensation.

 

6

Show up for court.

Bring your stamped forms and other evidence to court

Be sure to mark the court date on your calendar when you file your forms. This hearing is your chance to go before a judge and explain your side of the story.

Go to the right building at the right time and bring any copies of your file forms and other evidence you have to back up why you decided to sue MetroPCS in small claims court.

Sometimes they won’t show up to oppose you and if that takes place make sure you focus on your side of the story. Remember this could be resolved quickly but it could go on for weeks depending on the nature of the case.

Taking Metro to small claims court is often time consuming and expensive. FairShake can help you leverage the consumer arbitration clause in your Metro contract to file an official legal claim and win you compensation.

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