How to Sue T-Mobile

Do you have a dispute with T-Mobile over a refund, rental, or overcharges? You have several options, including suing T-Mobile in small claims court.

In this article, learn about:

• Common types of small claims lawsuits against T-Mobile.

• What to do before suing T-Mobile in small claims court.

• How much does it cost to sue T-Mobile in small claims?

• How much can you sue T-Mobile for in small claims? ‍

• How to file a small claims lawsuit against T-Mobile.

• 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 T-Mobile 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 T-Mobile:

• Failure to refund you. For example, you accidentally purchase a new T-Mobile plan.

• Unexpected charges. For example, T-Mobile charged you an unexpected fee that you have to pay.

Contact T-Mobile's Customer Service

Call T-Mobile's customer service phone number 1 (800) 937-8997 and have them troubleshoot your problem.

Contact T-Mobile on Twitter

Many companies respond to Twitter complaints extremely fast. Here is T-Mobile's Twitter handle: @T-Mobile

Consider filing a complaint with the BBB against T-Mobile

The Better Business Bureau may be able to help you with your complaint against T-Mobile. Here is how you can file a BBB complaint against T-Mobile.

Make sure to also review complaints other customers have filed against T-Mobile with the BBB (review T-Mobile's BBB complaints here). This will help you learn whether T-Mobile responds to BBB complaints.

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 T-Mobile:

• 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?

T-Mobile Dispute Resolution Manager

T-Mobile Customer Relations
P.O. Box 37380
Albuquerque, NM 87176-7380

If T-Mobile ignores your demand letter, what is the next step? You may be able to sue T-Mobile in a small claims court. Make sure to review any contracts you have received from T-Mobile. Here are T-Mobile's terms of service.

So how much are you going to spend by suing T-Mobile 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 T-Mobile 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 T-Mobile that you have sued them. This is called "serving." Serving Costs can range from $0-$75.

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

In California, you can sue T-Mobile for a maximum of $12,500 if you are an individual. If you are a business suing T-Mobile, 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 T-Mobile owes you $13,000, and you decide to sue in small claims, you are waiving suing for an additional $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.  

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."

• Remember, we can help you prepare the small claims lawsuit and file it with the court! 

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

Each 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 T-Mobile's agent

Remember, you will be serving T-Mobile's "agent for service of process". You need to check with your state's business website.

For example, in California the agent of service of process is: 

Agent for Service of Process:

CSC - Lawyers Incorporating Service
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how 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 T-Mobile at the hearing?

• This depends on The easiest way to answer this question is that a lawyer will not be representing T-Mobile 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 T-Mobile '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 T-Mobile'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).