Wednesday, February 29, 2012

Use This Proven Process to Sue a Company in Small Claims Court When They've Wronged You [Law]

Source: http://lifehacker.com/5889059/use-this-proven-process-to-sue-a-company-in-small-claims-court-when-theyve-wronged-you

Use This Proven Process to Sue a Company in Small Claims Court When They've Wronged YouMatt Spaccarelli sued AT&T for throttling his smartphone data speeds and won, but he wants you to know that it wasn't just a fluke. He did his research and prepared for court. Now he's helping others in similar situations do the same.

First you should understand the scope of this case. Matt won $850 in damages, which is a nice chunk of change for the average person but a blip AT&T wouldn't even notice was missing from their bank account. The win was more symbolic, as Matt was fighting for what he believed was right. If you decide to sue a company, that needs to be your motivation—not money. This is about utilizing the legal system to right a wrong. If you believe you have a case worth bringing to court, MacTech detailed what you should know and prepare in advance. Here are the highlights:

  • Find out where to file your case. National companies are generally subject to jurisdiction anywhere so you can file wherever is convenient, but sometimes you need to find their corporate offices and file there.
  • Review any contracts and agreements. You need to know what you've agreed to before you proceed.
  • Compile evidence that you're not getting what you paid for. In the case of an unlimited data plan
  • Know your damages. If you're going to file suit you have to be able to show how you were financially damaged.
  • Know the rules of your specific small claims court. Not all small claims courts operate in the same way, so it's important to know their rules before you make your case.

If you're looking to make a similar case to Matt's, visit his web site for some helpful documents and other information.

Matt Spaccarelli | via the New York Times and MacTech

Photo by Vladek (Shutterstock).