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Air Travelers: Tell it to the Judge
A consumer's guide to small claims courts
Prepared by the
Aviation Consumer Protection Division
U.S. Department of Transportation
September 1994
This pamphlet is a revision of a
previous Tell it to the Judge brochure published
in December 1980 by the Department of Justice, Office of
the Attorney General.
My wife and I were going on a
Caribbean vacation. We held confirmed airline
reservations to St. Thomas, where we were to meet
several other couples. We all had chartered a
sailboat to cruise the islands. However, when it was
time to board our flight, the airline bumped us
because they were overbooked. The next available
flight was two days later. As a result we had to buy
additional airline tickets to catch up with the
sailboat at Antigua. The airline paid us "denied
boarding compensation," but they refused to
reimburse our additional air fare or the value of the
two days on the cruise we lost.
Sound familiar? Unfortunately, this
consumer is not alone in his frustration. Most people at
one time or another feel cheated, confused and helpless.
Now, however, when nothing else seems to work, thousands
of people without legal training are turning to small
claims courts to get results.
Small Claims Courts,
created and operated by state and local governments,
constitute an important part of our nation's overall
system of justice. These courts were created to promote
convenient, prompt, effective and inexpensive resolution
of disputes at the grass roots level.
The basic purpose of small claims
courts is to help people recover small sums of money
without having to hire a lawyer. These courts offer
consumers a chance to present their complaint, in person,
to an impartial judge who can order the offending person
or company to pay money owed. Court procedures are
generally simple, informal and inexpensive.
Almost all states and localities have
some type of small claims court. The rules of these
courts vary from state to state, as do the amounts which
may be awarded. You may file a complaint in small claims
court when you can show that a person or a business owes
you money or has harmed you financially, and will not
pay. Here are some examples of situations in which you
might consider using such a court:
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- Your connecting flight is
canceled, and the airline arranges a van to get
you to your destination. Instead of a one-hour
flight you have an uncomfortable four-hour ride.
The airline denies your request for reimbursement
of the difference between air and ground
transportation.
- You buy a ticket for a seat in
first class from a consolidator. He delivers a
coach seat ticket and refuses to refund any of
your payment.
- An airline cancels your flight and
cannot get you out until the next day. They won't
put you up in a hotel and you end up spending $90
for a room.
- An airline loses your luggage. You
try unsuccessfully to negotiate a settlement. You
can show that the value of the lost item was much
more than the airline offers to pay.
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Small claims courts do
not offer the best course of action for consumers in
every situation. Generally, you may sue only for money.
Property or merchandise normally cannot be recovered. For
example, if an airline damages your coat, a court might
grant you a cash award rather than ordering the airline
to replace the coat.
You must be prepared to appear in court
when your case is set. Expenses such as time lost from
work are not usually recoverable. In some situations, it
may be more effective, less troublesome, and quicker to
retain an attorney, or to seek assistance from another
source, such as a consumer affairs office or governmental
agency.
To determine if small claims court is
the best course of action for you, consider whether:
The amount of your claim is less than
the monetary limit established by the state or local law.
The party you are suing does business
in the court's jurisdiction. Small claims courts are
usually not effective in resolving disputes with firms
that do not do business in the state or with people who
live outside of the court's jurisdiction.
You have carefully reviewed and
followed any stipulations of the contract of carriage and
have given the company a reasonable opportunity to meet
its obligations.
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Before you sue, attempt
to settle the dispute out of court. If you are unable to
settle the matter, carefully consider whether to proceed
with a lawsuit.
A lawsuit will require your time and
attention and eventually an appearance in court. When
deciding whether or not to file an action, you should
take the following steps:
Communicate your complaint clearly to
the person or business involved. If dealing with a local
business, talk to the general manager, owner, or an
official at as high a level as possible. It's a good idea
to document your complaint clearly and concisely in a
letter.
In addition to the DOT's Office of
Consumer Affairs, you may wish to check with a local or
state consumer affairs office to determine whether they
can help resolve your complaint. There are also many
private sources of assistance, depending on the nature of
your complaint. A visit to the public library may be
helpful in locating the best sources of assistance.
Be sure you keep records of any calls
or letters you initiate or receive.
Consider any compromise that might help
you settle the matter. A compromise might be preferable
when you think of the effort required to go to court and
the fact that court judgments often do not result in your
getting everything you want.
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Check your local
telephone directory under your city, county or state
listings for small claims court or a similar listing. Or
contact a consumer affairs office, attorney general's
office, or bar association for information on the
location of the court.
Telephone, visit or write the clerk of
court's office for details regarding court procedures.
Many courts have brochures available. Some have clerks or
counselors who are trained to assist consumers.
Check with the clerk or counselor to
make certain your complaint comes within the jurisdiction
of the court.
If your complaint involves a
substantial amount of money or if you are confused about
how to proceed, consider consulting a private attorney.
Even if you plan to present your own case to a small
claims court, a few minutes spent with a lawyer
beforehand can be valuable. If you want to talk to an
attorney and do not think you can afford it, check with a
local legal aid or legal services office.
If you have never been to small claims
court, attend a court session as a spectator. Proceedings
are open to the public.
Once you decide to go ahead, do not
wait too long to file your complaint. There is often a
limit on how long you can wait before taking legal action
and the older a complaint gets, the harder it is to win.
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Although the procedures
for filing actions in small claims courts vary from state
to state, the following suggestions should be helpful no
matter where you live:
Ordinarily, you will need to complete a
"complaint" or "claim," either in
person or by mail. In some states, there will be a
standard form for this purpose. In states without a
standard form, ask the clerk or counselor for advice.
Word your complaint or claim clearly
and simply. Be prepared to state whom, why and for what
amount you wish to sue. Be able to explain in a brief and
accurate manner the nature of your complaint.
Upon filing a claim, you will become
the plaintiff and the party you are suing will
become the defendant.
If you believe that a person and the
company employing that person are responsible for your
damage or loss, it is usually to your advantage to name
both as defendants. Similarly, if another party has been
injured by the action of the defendant(s), you may wish
to list that other party (perhaps your spouse) as a
second plaintiff in your complaint.
You will be required to state the legal
name and current mailing address of the defendant. This
is necessary to make sure the defendant can be notified
that you have instituted a suit against him or her.
Sometimes the name on a sign may not be the company's
"legal" name. Airlines somtimes are referred to
by their initials; for example, the "legal"
name for TWA is "Trans World Airlines, Inc."
In most states, you must file your
complaint or claim in the jurisdiction where the
defendant has a business location. An airline generally
can be sued in a small claims court in any jurisdiction
where it operates flights or has an office.
Check with your state or local business
licensing or registration agency, secretary of state's
office, corporation commission, or Better Business Bureau
to determine the location of a company, or to verify the
company's precise legal name and mailing address.
You will probably have to pay a small
filing fee when you file your complaint. Fees vary from
jurisdiction to jurisdiction The fees may be returned to
you in the amount you are awarded (the
"judgment") if you win your case.
After the complaint or claim has been
submitted and a date for the "hearing" or
"trial" is scheduled, the clerk will notify the
defendant of the upcoming trial or hearing, and a
representative of the company will be summoned to appear
in person to answer the complaint or claim. The defendant
may have a right to ask that a different date be set, if
a good reason can be shown. If the defendant ignores the summons
and does not show up at all, you will probably win your
case by default.
You will also have to personally appear
at the trial or hearing. Do not expect to handle your
case by mail. No one, even a family member, can handle it
for you, unless that person is also a plaintiff.
In many jurisdictions, delays for
various reasons occur frequently. When these delays
change the day set for a hearing or set over the matter
for hearing again, they are called continuances.
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A small claims court
hearing or trial is relatively simple and informal
compared to proceedings in other courts. Nevertheless,
you should be prepared to present your case to the court
in an organized and convincing manner. Here are a few
suggestions:
Be sure to arrive at the court on time
on the day of your hearing.
The judge may ask the parties to go
briefly into another room to see if they can arrive at a
last-minute voluntary resolution, sometimes in the
company of a counselor or mediatorIf this occurs, accept
the judge's suggestion and try to resolve the dispute.
You will be given a chance to tell your
side of the story to the judge. The judge may give you an
opportunity to ask questions of the other party. The
judge will already be familiar with the arguments of both
parties based upon the written complaint and any
supporting documents which have been submitted. The trial
will move quickly. You only need to present a synopsis of
your written statement.
Sometimes the judge will permit other
people to be witnesses in your case if they are
personally familiar or if they are experts in the area of
your complaint. Check with the court clerk to ensure that
this legal resource is available to you.
Be prepared to show the judge:
- Contracts, agreements, and/or
tickets
- Letters you and the
defendant have exchanged relating to the
controversy.
- Bills, canceled checks,
receipts, or written estimates
- Photographs of damaged
property or the actual damaged goods and
other material that can be considered essential
to your case.
Be polite at all times and feel free to
ask questions about things you do not understand.
Concentrate on your main points and be brief.
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If the judge decides in
your favor, he or she will issue an order (judgment)
stating that you have won your case and that the
defendant owes you a certain amount of money. This amount
may include expenses incurred in bringing the action (court
costs). Sometimes, the judgment may permit the
defendant to pay the award to you in installments.
Generally, the court will not act as a
collection agency on your behalf. If the defendant does
not pay the judgment within a reasonable time, inform the
court clerk. The clerk can probably tell you about
collection procedures you may take to "execute"
the judgment, such as having a law enforcement officer
"attach" property or "garnishee" a
salary.
Collecting the money is a separate
process that can be difficult. It is particularly
difficult to collect money from "fly-by-night"
operators, firms located in another area, companies no
longer in business, and businesses or people who have
filed for bankruptcy or have no assets.
What If I Lose?
In most states, small claims court
decisions may be appealed. If the judge rules against you
and you think you might want to appeal the decision to a
higher court, ask the clerk about procedures. Appeals do
involve additional expenditures of time, effort and
money, and perhaps the services of an attorney.
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Because most small claim
courts do not allow attorneys to be present, you are
expected to be your own lawyer. However, you may wish to
see a private attorney in situations such as the
following:
- A sizable amount of money is
involved.
- The issue involved is so serious
or so important to you that you want to reduce
the risk of losing.
- You know in advance that the other
side will be represented by an attorney.
- You lose in small claims court and
want to explore the possibility of an appeal to a
higher court.
- You try to collect the judgment,
wait a long time, and still cannot get your
money.
- You are notified that someone else
is suing you.
Finally, you should be aware
that attorneys representing the public at
large (prosecutors, district attorneys, attorneys
general, and other lawyers employed by
regular government agencies) are not
usually permitted by law to provide legal advice
to individuals regarding small claims court
matters.
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