Comments on: 3 things you need to know before suing your travel company

By: Alltop Assembles Definitive List of Kick Ass Travel Blogs | Taking Off

Alltop Assembles Definitive List of Kick Ass Travel Blogs | Taking Off — Mon, 17 Nov 2008 22:04:17 +0000

[...] 3 things you need to know before suing your travel company Elliot Court is becoming the first choice for disgruntled travelers. This post debunks myths and offers a glimpse at how the proceedings are likely to occur [...]

By: Manny K ESQ

Manny K ESQ — Wed, 21 May 2008 07:32:03 +0000

There are couple of online resources one can use in regards to small claims and their procedures in accordance of each state. Check out http://www.civiltree.com or http://www.smallclaims123.com. I recommend Civiltree.com

By: Dennis Kavanagh

Dennis Kavanagh — Wed, 14 May 2008 21:40:33 +0000

In California Small Claims is up to $7500. No attorneys are allowed to represent the plaintiff or defendant. If a judgement is entered for the plaintiff, the defendant has 30 days to appeal to another department of Small Claims. Attorneys are allowed for the appeal. No further appeal is allowed. Get the Nolo Press how-to book on how to collect a judgement. A “till tap” with the Sherrif at the till of the airline, travel office or other business is best. Also, after the judgement , the plaintiff can subpoena the defendant or their employee/agent to come back to Court for an Order of Examination to answer under oath where assets are located e.g. bank accounts, property etc.

By: jb

jb — Wed, 14 May 2008 04:27:06 +0000

One other thing to keep in mind… if you sue, the company (usually) can unilaterally revoke your miles/points/wonka bars.

so, make sure you use/transfer those points before filing suit. =)

By: jennifer

jennifer — Wed, 14 May 2008 02:31:42 +0000

How do you handle choice of forum clauses in contracts of carriage? Cruise ships generally have choice of forum in Miami or Ft. Lauderdale.

By: Joe Farrell

Joe Farrell — Tue, 13 May 2008 21:20:08 +0000

Mr. Pickford, true , but thats in Canada. Most Canadians do not have to sue . . .

Jasper – different ’sheriff.’ Some states let any disinterested party do the attachment. Cops can do it. Process Servers – it just depends on the state.

By: Stephen Pickford

Stephen Pickford — Tue, 13 May 2008 18:01:07 +0000

The Quebec Small Claims Court system specifically states that “an association, partnership or legal person can only be represented by an officer or other person working solely for it and bound by an employment contract.” So, while there are some junior attorneys for the Bay Street firms who might try to intimidate one into thinking that they will be there in court, perhaps having that bravado so as to justify their large retainer to the airline HQ, the last laugh will be on them when their Regional Manager has to be the person to stand and defend the firm.

By: Jasper

Jasper — Tue, 13 May 2008 16:22:42 +0000

@ Joe: So as a foreigner, I am ignorant about how this stuff and I am curious. How does this work? I mean, you walk into your local sheriffs office with your little court approved IOU, and then the Sheriff makes time for you? Aren’t they way overworked trying to get gangs, drugs and real bad stuff?

Also, if you ‘randomly’ sue everybody who might be liable, won’t all the acquitted parties get back at you?

By: Joe Farrell

Joe Farrell — Tue, 13 May 2008 14:16:59 +0000

Even corporations need to appear with a lawyer in small claims court. Almost every state has that requirement. However, a corporate officer can appear in small claims – what are the chances? With an airline or cruise company or large travel agency or hotel chain? Do not forget to ask if someone does show up that they be prevented from testifying unless they are a statutory officer.

Next, unless you live in a very remote place, when it comes to effective execution of the judgment, here are some tips:

Airlines: Sheriff liens the airplane. Best time to do this is after the last arrival. Appear about 10pm with the Sheriff or other executing official, and tell the officials present you are liening of XYZ airline. They’ll call the Station Manager pretty quick unless that person is already there.

NOTE: If you sued Delta and it was Delta Express that caused your problem, you cannot lien a Delta airplane. If you do it wrong, you are liable for ALL damages you cause as a result – so BE careful. In small claims court, as in regular court, it is best to sue EVERYONE and anyone who might have been responsible., If you attach an airplane properly you will be paid cash immediately – do NOT EVER take a check.

MORE: If you are not in a rush to collect, you can lien any airplane by sending the lien to the FAA and when Delta tries to sell it or return to a lessor, they’ll need to clear the title.

Hotels: Go to a company owned location with a Sheriff and seize cash as it comes in.

Rental Cars: Same thing as a hotel – seize cars as well.