Want to sue Advantage in small claims court?
Here's everything you need to know.
Your Advantage Contract probably says you can't sue Advantage in any court except Small Claims Court, thanks to an arbitration clause. It can be complicated and time consuming, but suing Advantage in small claims court usually gets you what you want.
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Step 1: Make sure your claim qualifies for Small Claims Court.
Ready to sue Advantage in small claims court? Small claims courts are only for certain types of claims, so your first step is to make sure your claim can be filed. There are two things you need to pay attention to:
The amount of money: Every small claims court sets a maximum dollar size for the claim you 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 (any non-monetary request). Most small claims courts can only grant 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.
Step 2: Send a demand letter.
Most small claims courts require that you ask the person you're suing (the "defendant") to fix your problem voluntarily before you file your claim. So if you want to sue Advantage in small claims court, you need to send them a demand letter first.
Your demand letter can be simple and straightforward - tell Advantage 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 - remember that you are just checking a box before you file your actual claim.
When you're done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address. Advantage is legally based in Delaware and receives mail at this address :
ADVANTAGE OPCO, LLC
THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER 1209 ORANGE ST
WILMINGTON, DE 19801
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
Step 3: Fill out court forms.
In order to sue Advantage in small claims court, you're going to need to fill out some paper work.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. The correct forms for your location will be available for free on your state court's website.
Make sure you fill out enough forms - most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don't have the right number, they will not accept your claim.
Step 4: File your complaint form with the court.
When you're done filling out the court forms, it's time to give those forms to the court. This process, called "filing" can be a bit tricky.
Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court's clerk. Other courts may allow you to file by mail, fax or (for a few courts) online.
All courts will require you to pay a filing fee before they allow your to sue Advantage 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 it safe and bring it with you on the day of your hearing.
Step 5: "Serve" your forms on Advantage.
If you've made it this far - good work! Suing Advantage in small claims is a long and tough process.
Now that you've filed the papers required to start your case against Advantage, you need to tell Advantage that it's been sued. This is a called "serving" Advantage. To do this, you need to deliver a copy of your filed papers to Advantage.
Look at your court's website for instructions on how to properly deliver your forms to Advantage, 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. So be careful!
Step 6: Show up for your court date.
When the court clerk gives you a court date (after you file your forms), make sure to put it on your calendar.
Make sure you know which courthouse to go to. Bring your copy of your filed forms, and any other evidence that backs up your case against Advantage.
Sometimes, Advantage will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Ready to sue Advantage in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
an Alternative to Small Claims Court
Radvocate helps customers file for arbitration. We don't take on Advantage just yet, but we are expanding our list of companies...