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#1
12-13-2006, 01:59 AM
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What happens if I go to small claims against a giant airline?
Guys,
I have a legitimate grievance against an airline for $544. I have tried to resolve the matter through phone, then e-mail, then certified mail, then the Better Business Bureau. If I file in small claims court against them- I know that I need to do this across the country in their home county and so forth- what should I expect? Will they actually bother to send a slick lawyer to crush me or will they noshow and allow me to win by default? -Michael 
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#2
12-13-2006, 02:04 AM
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Re: What happens if I go to small claims against a giant airline?
My boss -- a partner at my firm -- used to defend these claims in small claims courts. I don't really have any info for you other than than they at least used to send real lawyers.
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#3
12-13-2006, 02:04 AM
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Re: What happens if I go to small claims against a giant airline?
I have no experience with this, and I know you've thought about it, but to chime in anywho: my first thought was that no way does it make any financial sense to pay lawyers to contest that amount. I wouldn't be surprised if they were notified of the suit and responded with some form letter and your money.
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#5
12-13-2006, 02:11 AM
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Re: What happens if I go to small claims against a giant airline?
Not an expert here, but I imagine that in a lot of cases, if he won, there would be a precident for a class-action suit that some lawyer would jump on. Even if there wasn't, everyone could just start filing small lawsuits that they know they wouldn't fight.
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#6
12-13-2006, 02:28 AM
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Re: What happens if I go to small claims against a giant airline?
[ QUOTE ]
Not an expert here, but I imagine that in a lot of cases, if he won, there would be a precident for a class-action suit that some lawyer would jump on. Even if there wasn't, everyone could just start filing small lawsuits that they know they wouldn't fight. [/ QUOTE ] I'm pretty sure class actions are statutorily excluded for property claims against airlines. To the poster who asked about cost of defense being more than $544, the answer is yes, but they don't care. It's not much more, b/c I think the lawyers do it on a flat rate and they probably send the jr associates to cut their teeth. The paperwork.briefs have been written ages ago and are just recycled. I think. This is my vague recollection of what my boss would tell me.
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#8
12-13-2006, 02:44 AM
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Re: What happens if I go to small claims against a giant airline?
It really isn't that interesting. I purchased two tickets under a buy one, get one free offer. Because the miles were never credited to my frequent flier account, despite the fact that I used my frequent flier account to register, I was not awarded the miles.
The language of their offer was extremely complicated from the start and, recognizing this, I took extreme care to get the steps correct. I have screenshots of everything I did so my case is fairly solid, because the whole thing aroused my suspicions from the start. I have been dealing with this forever and frankly it already is to the point where it's not worth my time and effort. Plus, I would need to file and try the case in Florida, which is a crosscountry trip for me. I suppose I could add these fees to my claim? -Michael
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#9
12-13-2006, 02:44 AM
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Re: What happens if I go to small claims against a giant airline?
My wife (then girlfriend) once took a landlord to small claims court and the judge basically said small claims court is a good idea on paper but it doesnt really work. She said even if she ruled in someones favor she has no way of making the other person pay up. She strongly urged them to sit down and work it out, which they did. It just may not be worth the time and trouble, which sucks because I recently had trouble with a major airline and was beyond angry.
btw, which airline?
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