How to Sue Cash App in Small Claims Court- California

You have a dispute with Cash App (owned by Square, Inc.) over a closed/locked account, scammers, security breaches, or customer service. Now what? You have several options, including suing Cash App in a California Small Claims Court.

In this article, learn about:

• Review of previous small claims lawsuits Against Cash App

• Complaints Against Cash App

• What to do before suing Cash App in California Small Claims Court- Demand Letter

• How to file a small claims lawsuit against Cash App in California.

• Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that you have an equal chance of obtaining justice against Cash App.  

• Use People Clerk to sue Cash App in Small Claims Court.

We have reviewed some small claims lawsuits against Cash App and Square, Inc. filed in California:

• 2016 lawsuit for alleged failed electronic transfers.

• 2017 lawsuit for alleged involvement in a dispute between a seller and a buyer and return of money.

• 2018 lawsuit for alleged failure to transfer money to recipient and failure to refund the money that was not transferred.

• 2020 lawsuit for failure to have procedures in place to prevent against scammers.  

We have reviewed some Better Business Bureau complaints against Cash App and Square, Inc., here is a summary:

• Cash App's failure to respond to customer service requests

• Cash App's failure to transfer the money received to the customer's bank account

• Charged unknown fees by Cash App

• Paid for a product through Cash App but never received the product

• Fraud and identity theft while using Cash App

Read More: How to file a complaint with the BBB

A demand letter is a letter that outlines the problem you had with Cash App. For example, you could request a refund and explain why you are requesting a refund.  

If you eventually decide to sue in California small claims court, you are required to first request your money or property back before you can file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.

What to include in the demand letter?

Unsure of what to include in your demand letter to Cash App? Here are a few suggestions:

• How much money you are owed.

• Why you are owed money.

• Your contact information.

• Where to send payment.

• Give them a few days to respond (usually about 7 to 14 days).

• State that if they don't respond, you intend to sue.  

Where to send the letter:

Square, Inc.
1455 Market Street
Suite 600
San Francisco, CA 94103

or send to their agent in California (their agent is required to send their legal department any letters they receive on their behalf):

CT Corporation System
ATTN: Square, Inc.
818 West Seventh Street
Suite 930
Los Angeles, CA 90017

If Cash App ignored your demand letter, what can I do next? You can sue Cash App in a small claims court. But first, some background on small claims court in California to determine if it is right for you.

How does small claims work in California?

• Small claims court was designed to be the court for common disputes.

• Hearings are required to be scheduled between 30-70 days after the lawsuit is filed.

• The hearings last between 10-15 minutes.

• If you sue Cash App in small claims court, they are required to send a non-lawyer representative to the hearing. Lawyers generally cannot represent the parties.

How much can I sue Cash App for in small claims?

To be able to file a small claims court lawsuit in California, you are capped at the amount you can sue for, also known as "small claims court limits."

Benefits of Suing in Small Claims

While you may be missing out on the full amount you are owed

• In California small claims, you can sue Cash App for a maximum of $10,000.

• If you believe Cash App owes you more than $10,000 and you still want to sue in small claims, you agree to waive any amount over $10,000 that Cash App may owe you.

How much will it cost to sue Cash App in small claims court?

• Court Filing Fees. In California, small claims courts charge between $30-$75 to file the lawsuit. If you cannot afford to pay your court fees, you can ask the court to waive your court fees.

• Serving Costs. Once the small claims lawsuit is filed, you have to notify Cash App of the lawsuit. This is called serving. There are several ways to serve and it can cost between $0-$75 to serve Cash App.  

Note: If you requested that the court waive your court fees, you are also able to serve for free via the sheriff.

Step 1: Prepare and File the Lawsuit  

• Prepare the lawsuit using the form Plaintiff's Claims and Order to Go to Small Claims Court (SC-100). The court will want to know why you are suing Cash App, how much are you suing Cash App for, and finally how did you calculate the amount you are suing Cash App for.

• File the lawsuit. There are several ways you can file the lawsuit (1) in person at your local small claims court, (2) by mail (3) electronically (not available in all courts), (4) by fax (not available in all courts).

Step 2: Notify Cash App about the small claims lawsuit

• Once the court returns the filed lawsuit to you, the next step is to serve Cash App (aka notify Cash App that they have been sued).

• To serve the small claims court lawsuit on Cash App you must serve their "Agent for Service of Process." This is a company that Cash App has selected to receive lawsuits on their behalf. As of January 2021, their agent is based in Los Angeles. Here is their address:

  C T Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017.

• There are 4 ways to serve Cash App (1) hire a process server (around $75), (2) hire the Los Angeles Sheriff ($40), (3) have a friend or family member serve the lawsuit ($0), (4) some counties allow the court clerk to mail the lawsuit for you ($15).

  If you qualify for a court fee waiver, serving the lawsuit is free.

Step 3: Prepare for your small claim hearing

• Prepare your statement. Be prepared to tell the judge why you are suing Cash App.

• Prepare your evidence. One of the most important steps to winning a small claims lawsuit is to prepare your evidence. If there is evidence like screenshots, emails, and pictures, in your case, you should bring it to the hearing (you should make a copy for yourself, the judge, and the defendant).

Read More: How to sue a company in a California Small Claims Court‍

You can also consider filing a complaint against Cash App with the Consumer Financial Protection Bureau.