[airmhe]

I want to file a small claims suit against American Airlines, and would appreciate knowing which small claims court is appropriate.

The flight was SFO-BVI-SFO. I live in San Francisco Bay Area -- but the problem (a baggage issue) occurred in the BVI.

I think I can sue locally, but would appreciate knowing exactly at which small claims court I should file.

[justme]

Jimworcs is the resident expert when it comes to suing airlines, but if memory serves me you can indeed sue in any state that the airline operates. Since you flew out of SFO, I would suggest you start there. Just to fill mine, and I'm sure others curiosity, do you mind filling us in on what happened that caused you to want to sue.

[The_Judge]

I believe you need to use the court in the county you made the transaction in. So if you bought the ticket from your home by phone or internet, use the county you live in. I could be wrong but without looking it up, I believe this is correct.

[airmhe]

Here's what happened:

Prior to departure, AA confirmed that the fare covered two checked bags (because SFO-BVI-SFO is an international roundtrip). No problem at SFO, but on the day of the return flight, AA cancelled the flight and booked me on a flight leaving the next day.

Since the flight was cancelled for mechanical reasons, I asked AA to cover the cost of a hotel for the extra night. Instead, they booked me on a flight going out the same day on another airline (Cape Air).

Cape Air charged a fee for the second bag, and advised me to recover the fee from AA. The manager at the AA counter assured me that AA would pay the fee, but that I needed to get it from AA Customer Relations, and he provided the website details.

However, AA Customer Relations is unwilling to pay the fee (I sent copies of the fee receipt and the boarding pass). They don't deny any of the details, they just won't pay the fee.

[airmhe]

Originally Posted by The_Judge

I believe you need to use the court in the county you made the transaction in. So if you bought the ticket from your home by phone or internet, use the county you live in. I could be wrong but without looking it up, I believe this is correct.

That would certainly be convenient (for me). How can I confirm this point?

[justme]

Sounds like a definite legit reason for small claims court. Especially since they do not even deny the details of your claim. I would venture to guess that as soon as they receive the summons that they will reimburse you pretty quick. Good luck, let us know how it turns out.

[Jetliner]

That all sounds good, fine and dandy, except that the filing fee for the court case is probably going to be much higher than the bag fee itself, and you may or may not be able to recover that. You need to check in to this.

[airmhe]

Originally Posted by Jetliner

That all sounds good, fine and dandy, except that the filing fee for the court case is probably going to be much higher than the bag fee itself, and you may or may not be able to recover that. You need to check in to this.

According to California Code of Civil Procedure Section 116.610-116.630, paragraph g:

(1) The prevailing party is entitled to the costs of the action, including the costs of serving the order for the appearance of the defendant.

(2) Notwithstanding paragraph (1) of this subdivision and subdivision (b) of Section 1032, the amount of the small claims court fee paid by a party pursuant to subdivision (c) of Section 116.230 that exceeds the amount that would have been paid if the party had paid the fee pursuant to subdivision (b) of Section 116.230 shall not be recoverable as costs.

I haven't yet researched point (2), but in any case, the suit is more an issue of principle than money.

[jimworcs]

That would certainly be convenient (for me). How can I confirm this point?

Small claims courts were set up specifically to help people with modest claims to be able to seek remedy. In my experience, the court staff themselves are helpful and can provide advice. I suggest you contact your local small claims court, tell them what you intend to do, and ask if it is the right court. In general, I have had a good experience with the staff at the court.

In relation to the details of your case. Have you tried the DOT? I cannot see how AA can win this if the details you provided are correct. Many airlines seem to be adopting a default of denying all claims initially, even if they are legitimate, hoping that customer inertia will result in the claim being dropped. Good luck and let us know the outcome.