|
‘Small-claims’ legal system in the US
Small-claims courts in the US are designed to solve cases instantly, to
avoid protracted legal battles, writes Mohan Babu
In an earlier
column, I talked about the basics of legal system in the US, how an
understanding of the fundamentals of law can help guide our lives in a
foreign country. Recently, I had an opportunity to test- the maximum extent
to which a (lay) person can use the legal system without hiring expensive
attorneys.
My wife and I
had planned a vacation to India during Jan/Feb, 2001. Since I was unable to
take more than four weeks off from work, I suggested that she leave a month
earlier. Due to our conflicting schedules, we decided to book our tickets
separately. I booked my ticket directly with the airline, after which we
contacted a travel agent in Chicago. He agreed to book my wife's return
travel corresponding to mine, so that both of us could travel back together.
I have travelled on different airlines on the trans-Atlantic route a number
of times and know most of the ‘tricks’ employed by travel agents, and
thought I had a good deal on her ticket. At the time of booking the ticket,
I didn’t realise that I had bargained for anything more than just a flight
ticket.
A few days
before our departure from India, I tried to reconfirm our tickets, as is the
norm. On contacting the airline, we were told that my ticket was OK.
However, we were told that my wife's ticket could not be reconfirmed due to
an incorrect ticketing done by the agent. Since we had to leave for the US
and were unable to contact the travel agent, we approached another travel
agent in India, who issued both of us, new one-way tickets.
Upon coming
back to the US, I made repeated attempts to contact the travel agent,
expecting them to explain their side of the story. As in a case of grossly
negligent customer service, they refused to return my calls or my mails. I
pride myself on being a savvy consumer and realised that we were wronged. I
had suffered a loss and was unwilling to let the matter rest.
I then tried
to contact the airline directly. They responded by saying that on
investigating the matter, they found it to be a ‘booking class’ violation on
the part of the travel agent. They also added they were not responsible for
the travel agent’s actions and asked me to pursue it with the agent. On
further inquiry, I was told that prices of international air tickets vary
widely, and a ‘booking class violation’ occurs when travel agents cut
corners by booking passengers on categories of tickets they are not
authorised to book. These cases slip through the cracks when the flights are
not fully booked. Sometimes out of sheer goodwill, airline-ticketing agents
allow passengers to travel, even when they realise that there is a booking
class violation. However, in most cases when the flight is fully booked, the
ticketing agents scrutinise each ticket vigilantly and weed out tickets that
have been incorrectly booked. Unfortunately for us, the flight from India
was overbooked and the airline was not able to accommodate us. Most
passengers trust the professionals - travel agents - to book their ticket
correctly and are blissfully unaware of the nuances of booking international
tickets.
A few months
after returning back to the US, I started researching the ticketing process
and started understanding the intricacies involved. I also became aware of
the fact that the travel agency’s refusal to get in touch with me meant that
they were guilty and were stonewalling, hoping that I would just let the
matter rest. By this time, I also started reading up the various facets of
consumer protection available to individuals. I realised that
the first
semi-legal body authorised to mediate on my behalf was the state’s BBB
(Better Business Bureau). Even after repeated correspondence with the BBB of
Chicago when I failed to get a response from the travel agent, I decided to
take ‘legal action’. I discovered that the small claims court system was
designed for people just like me.
During my
initial analysis process, one of the first things I realised was that the
legal system at a grass-root level varied from state-to-state. I also
discovered that the constitutions of the United States, not only guarantee
the right to be represented by a legal counsel, but also offer permission to
each and every citizen the right of self-representation. Because of the
nature of small claim cases, many litigants choose to represent themselves.
I went to the local library and got a few books on the small-claims court
system. I also downloaded detailed instructions from the state government’s
website and started reading up on the process.
The
small-claims court system is meant for people with small claims against
merchants, businesses and service providers. In most states in the US, the
claims have to be for an amount less than $5,000 in order for the case to be
accepted by the small claims court, also known as a pro se court. Most pro
se courts prefer a semi-formal arbitration, and do not encourage or
discourage people from hiring attorneys. I am no lawyer myself, but having
the basics of business law during my masters, I knew that ours was a simple
case of “breach of contract”; we expected the travel agent to make-good the
loss incurred due to their negligence. In the back of my mind I knew that in
a litigious nation, I could hire a good attorney and go after them (the
agent) for incidental losses, including “mental agony” suffered by us. But,
that was not our intent. We just wanted to recoup our losses.
If reading
this far reminded you of the old “panchayat” system, still prevalent in
small villages in India and south east Asia, you are right on mark. Small
claims courts are designed to be exactly like panchayats, albeit staffed by
professional judges and court staff. Like panchayats, they can enforce the
law in a semi-formal just manner, instantly, without the need for a
protracted legal battle.
|
