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- Newsgroups: rec.travel
- Path: sparky!uunet!stanford.edu!nntp.Stanford.EDU!cgoldman
- From: cgoldman@leland.Stanford.EDU (Charles Goldman)
- Subject: Re: Bad Experience of Renting Car from AVIS
- Message-ID: <1993Jan22.193226.4801@leland.Stanford.EDU>
- Sender: news@leland.Stanford.EDU (Mr News)
- Organization: DSG, Stanford University, CA 94305, USA
- References: <1jkmvoINNecc@geraldo.cc.utexas.edu> <1993Jan21.203522.27348@mailer.cc.fsu.edu>
- Date: Fri, 22 Jan 93 19:32:26 GMT
- Lines: 52
-
- I would suggest filing a small claims court suit against AVIS for
- either the total value of the rental on the grounds that they failed
- to uphold the rental contract, or your damages incurred for the extra
- travel arrangements.
-
- First you will need to find out whether you can legally sue them in
- your home jurisdiction. You should be able to if they have offices in
- your area. Ask the court clerk`s office.
-
- Then write a demand letter spelling out what cash you want and why and
- send it certified-return-receipt requested to AVIS. Give them two
- weeks from the postmark date to respond (say this in the letter).
-
- Then file the suit, and have the clerk serve them either by registered
- mail, if allowed. If not, you may have to get process served by a
- private process server. You get to pick the court date you want.
-
- Most likely they will pay long before this point. if not, bring all
- of your documentation to court and present your case. It is unlikely
- that they will show up to defend and you will win a judgement by
- default if you have any evidence. bring one or two witnesses if
- possible. if not, have them give affidavits under penalty of purgery,
- which are USUALLY accepeted in small claims court. The court clerk
- will tell you what to write on the statement and whether they need to
- be notarized.
-
- Small claims court is easy and fairly straightforward. The people
- there will try to help you with your case, if they have time. Your
- county may also have small claims advisors who offer seminars or
- private assistance preparing your case.
-
- The mere threat of a credible case against them should press them to
- settle quickly. It could cost AVIS a thousand dollars to defend, and
- it won't help their chances of winning if your case is solid. They
- know this.
-
- Just follow the small claims rules and you'll do well.
-
- If you can't sue them on your home turf, you may have to get more
- creative. By the way, you can subpoena anyone necessary to prove your
- case by paying their travel expenses and a very small daily fee set by
- state law ($35 a day in California). For a local person, this means
- paying mileage plus $35 for the right to make them attend court for a
- day instead of operating their business. If they are a company
- employee of the defendant, the company will have to pay their salary
- while they sit in the courthouse and do nothing. Also a good way to
- get leverage over a local business. All you have to do is have the
- clerk subpoena them. You only have to pay if the case goes to trial.
- In California, you can even serve these subpoenas yourself. (you
- can't serve the defendant though.)
-
- Charles Goldman
-