How To File A Lawsuit Against Walmart

Do you take a dispute with Walmart over a refund, purchase, personal injury, or damages to your vehicle? Y'all have several options, including suing Walmart in small claims court.

In this article, learn about:

• Common types of small claims lawsuits against Walmart.

• What to do before suing Walmart in small claims court.

• How much does it cost to sue Walmart in pocket-sized claims?

• How much can yous sue Walmart for in small claims?

• How to file a modest claims lawsuit confronting Walmart.

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

Common types of small claims lawsuits against Walmart

We oft receive the question, tin can I sue Walmart in pocket-size claims? The answer is aye equally long as the dispute is for $ten,000 or less (more on this beneath).

Here are some examples of small claims lawsuits against Walmart:

• Failure to deliver the items you purchased. For example, you lot purchased an item from Walmart online but they never delivered the detail.

• Issue with Walmart Auto Intendance Center. For example, you took your motorcar to Walmart to become the oil changed, only instead they messed up your engine.

• Personal Injury. For example, if you fell inside a Walmart and injured yourself. Keep in listen that many personal injury lawyers accept personal injury cases "on a contingency" significant y'all just pay if you lot win so you may want to consult with an attorney earlier suing in minor claims! 

What to do before suing Walmart in small claims court

Send a Demand Alphabetic character

A need letter of the alphabet is a letter that outlines a set of requests . For example, you could request a refund and explain why yous are requesting a refund.  

If you lot eventually make up one's mind to sue in California small claims court, y'all are required to first request your money or property back earlier you tin file the lawsuit. While you can request your coin or property back orally, it is recommended you lot practice so in writing in the form of a need letter.

What to include in the demand letter?

Unsure of what to include in your demand letter of the alphabet to Walmart? Hither are a few suggestions:

• How much money y'all are owed.

• Why you are owed money.

• Your contact information.

• Where to send payment.

• Give them a few days to respond (unremarkably almost seven to xiv days).

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

Where to ship the letter:

Walmart Inc.

702 SW 8th Street
Bentonville, AR 72716

Y'all can also ship a copy of the letter to their registered amanuensis in California:

CT Corporation System

ATTN: Walmart Inc.

818 West 7th Street
Suite 930
Los Angeles, CA 90017

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

If Walmart ignores your need alphabetic character, what is the next step? You can sue Walmart in a pocket-size claims court .

How much does information technology cost to sue Walmart in small claims?

So how much are yous going to spend by suing Walmart in small-scale claims courtroom?

Court Filing Fees

The amount you will pay to file a minor claims lawsuit in California depends on how much you are suing Walmart for. Y'all will pay between $30 to $75 to file the lawsuit. If you cannot afford to pay courtroom fees, you lot tin enquire the court to waive the fees.  

Serving Costs

One time the lawsuit is filed, you lot take to notify Walmart that you lot take sued them. This is chosen "serving." Serving Costs can range from $0-$75.

Walmart has an amanuensis in each state it has a store. Officially this agent is called an "agent for service of process" which means the person or business responsible for receiving legal documents on behalf of Walmart.

In California, this is Walmart's amanuensis:

CT Corporation System
818 Due west Seventh Street
Suite 930
Los Angeles, CA 90017

‍ If you win, you can request that Walmart pay for your court fees and serving costs.

How much can you sue Walmart for in minor claims?

In California, you can sue Walmart for a maximum of $10,000 if you are an individual . If yous are a business suing Walmart, you can sue for a maximum of $five,000 . Note, if y'all are a sole proprietor, you lot count as an individual.

By suing in small claims you are agreeing to waive any corporeality over the maximum amount you tin can sue for, fifty-fifty if you are owed more . For example, if Walmart owes you $15,000, and yous make up one's mind to sue in pocket-size claims, y'all are waiving suing for an boosted $5,000. Pregnant that you will win a maximum of $10,000.

While you may be missing out on the total corporeality y'all are owed, there are practical benefits to suing in modest claims instead of suing in "regular court."

Here are some of the benefits:

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

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

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

How to file a small-scale claims lawsuit confronting Walmart

We have outlined each 1 of these steps in detail, click the links to learn more.

1. Gear up and file the lawsuit . Acquire more than.

2. Notify ("serve") Walmart'due south agent for service of process. Learn more.

3. Set for and attend the modest claims hearing . Larn more.

Once the lawsuit is filed, the modest claims hearing will exist scheduled xxx-70 days afterward.

Brand sure to review whatsoever terms you agreed to with Walmart! Here is a link to Walmart's general terms of utilise.

What is a small claims courtroom hearing similar?

Minor claims hearings in California pocket-sized claims are breezy and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to await if your lawsuit does not settle.

Who will stand for Walmart at the hearing?

• The easiest way to answer this question is that a lawyer will not be representing Walmart since lawyers cannot stand for 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 Walmart'southward representative to

  show each other the show that you will after show the judge.

• The judge will ask you why you are suing.

• The judge will ask Walmart'due south representative to tell them their side of the story.

• The hearing will last effectually xv minutes.

• The judge will ask yous to testify them the testify you brought. Sometimes the judge volition keep the evidence. Other times, you will go the prove right back.

• Very rarely a guess will tell y'all whether you won or lost at the hearing. Instead, the judge will tell y'all that their decision volition be mailed to you (normally takes a few weeks to 2 months or so).

Principal Legal Architect & Co-Founder @ People Clerk. Camila is an chaser, consumer advocate, and certified mediator. Her passion is breaking down complicated legal processes so that people without an chaser tin go justice.

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