How to Sue Shift Technologies

Do you have a dispute with Shift Technologies over a car you purchased, a refund on a warranty, or bad title? You have several options, including suing Shift Technologies in small claims court.

In this article, learn about:

• Common types of small claims lawsuits against car dealerships.

• What to do before suing Shift Technologies in small claims court.

• How much does it cost to sue Shift Technologies in small claims?

• How much can you sue Shift Technologies for in small claims?

• How to file a small claims lawsuit against Shift Technologies.

• Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.

We often receive the question, can I sue a car dealership in small claims? The answer is yes as long as the dispute is for $12,500 or less (more on this below).

Here are some examples of small claims lawsuits against car dealerships:

• The car had mechanical issues shortly after you bought it. For example, you bought the car and the next day the engine started to act up.

• Made a fraudulent misrepresentation or advertising regarding the car you purchased. For example, the car dealership lied that the car was never in an accident.

• Failing to fix your car after you purchased a warranty. For example, you purchased a warranty when you bought the car and you pay for repairs after having mechanical issues. Now the dealership or the warranty won't refund you for the money you spent fixing the car.

• Failure to refund you. For example, if you cancelled an extended warranty you purchase and the dealership agreed to refund you but never did.

• Failure to give you the title documents. For example, you purchased a car but the car dealership didn't provide you with the title documents to the car.

California DMV Car Buyer's Bill of Rights. The DMV publishes a guide on common issues with car dealerships here are some of the topics covered (1) required disclosures car dealerships are supposed to provide you with, (2) using the word "certified" when selling a used car, (3) buying a used car and the option to cancel the contract within 2 days.  

You can also review BBB complaints against Shift Technologies here.

Contact Shift Technologies's Customer Service

Call Shift Technologies's customer service number 855-744-3873 and have them troubleshoot your problem. You can also email Shift Technologies's customer service at [email protected].

Consider filing a complaint against Shift Technologies with the DMV

1. Prepare the DMV complaint form.

2. Create an evidence packet to attach to the complaint form. For example, any contracts, receipts, disclosures, warranties, checks, pictures, etc. that are relevant to the DMV complaint you are filing against Shift Technologies. We can create an evidence packet for you!

3. Mail the complaint and the evidence packet to the closest DMV investigations office to where you are located or to their Sacramento office. You can find a list of DMV investigative offices on the second page of the DMV complaint form.

Send a Demand Letter

A demand letter is a letter that outlines a set of requests. 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 Shift Technologies:

• 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 mail the demand letter to?

Shift Technologies Inc.
2525 16th St.
San Francisco, CA 94103

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.

If Shift Technologies ignores your demand letter, what is the next step? You can sue Shift Technologies in a small claims court.

Make sure to review any contracts you have from Shift Technologies. Here is the link to Shift Technologies's terms of use.

So how much are you going to spend by suing Shift Technologies in small claims court?

Court Filing Fees

The amount you will pay to file a small claims lawsuit in California depends on how much you are suing Shift Technologies for. You will pay between $30 to $75 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.  

Serving Costs

Once the lawsuit is filed, you have to notify Shift Technologies that you have sued them. This is called "serving." Serving Costs can range from $0-$75.

More on who to serve on behalf of Shift Technologies below. ‍If you win, you can request that Shift Technologies pay for your court fees and serving costs.

In California, you can sue Shift Technologies for a maximum of $12,500 if you are an individual. If you are a business suing Shift Technologies, you can sue for a maximum of $6,250. Note, if you are a sole proprietor, you count as an individual.

By suing in small claims you are agreeing to waive any amount over the maximum amount you can sue for, even if you are owed more. For example, if Shift Technologies owes you $15,000, and you decide to sue in small claims, you are waiving suing for an additional $2,500. Meaning that you will win a maximum of $12,500.

While you may be missing out on the full amount you are owed, there are practical benefits to suing in small claims instead of suing in "regular court."

Here are some of the benefits:

1. Court filing fees are cheaper in small claims than in other courts.

2. The process is faster in small claims than in other courts as your hearing will usually be scheduled 30-70 days after you file the lawsuit.

3. Lawyers are generally not allowed in small claims which helps keep the costs of suing low.  

You can also speak to a lawyer if you think Shift Technologies may owe you a lot more than the small claims limit. Most consumer fraud lawyers will provide you with a free consultation to determine if they can take your case. Reach out to us via our chat if you need assistance finding a consumer fraud lawyer.

Step 1: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100)

• This form starts the California Small Claims Court lawsuit process. Download here.

• It is also known as the "complaint" or "claim."

• Reviewing the California Secretary of State's website for their legal name and address. Learn how here.

Step 2: File "Plaintiff's Claim and Order to Go to Small Claims Court"

Each California Small Claims Court has a different procedure for filing. You have to check with your local small claims court whether they allow filing in-person, by mail, online, or by fax. Or we can file your case for you!

Step 3: Serve the lawsuit on Shift Technologies's agent

Remember, you will be serving Shift Technologies's "agent for service of process" as listed on the California Secretary of State's website. Learn more here.‍

Small claims hearings in California small claims are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.

Who will represent Shift Technologies at the hearing?

• The easiest way to answer this question is that a lawyer will not be representing Shift Technologies since lawyers cannot represent parties at the initial small claims hearing. They will have a non-attorney representative.

The hearing:

• Right before the hearing, the judge will ask you and Shift Technologies's representative to show each other the evidence that you will later show the judge.

• The judge will ask you why you are suing.

• The judge will ask Shift Technologies's representative to tell them their side of the story.

• The hearing will last around 15 minutes.

• The judge will ask you to show them the evidence you brought. Sometimes the judge will keep the evidence. Other times, you will get the evidence right back.

• Very rarely a judge will tell you whether you won or lost at the hearing. Instead, the judge will tell you that their decision will be mailed to you (usually takes a few weeks to two months or so).