Looking to sue Avis? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Avis. And we’ve helped get millions of dollars in settlement offers…
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Tired of hitting dead ends when trying to get a refund from Avis? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Avis customer service options, but still feel unheard.
There are different ways to file a complaint against Avis, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Avis, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Avis to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Avis contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
To find out if you can take Avis to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.
Learn more about the consumer arbitration process here.
Taking Avis to Small Claims Court will typically involve appearing in person and completing necessary forms.
If you’re ready to sue Avis in Small Claims Court, read on below:
Are you ready to sue Avis in small claims court? Small claims courts are only for certain types of claims. Your first step is to make sure your lawsuit qualifies for small claims court . Make sure you understand two important factors:
Every small claims court sets a maximum dollar amount for the claim you can file. In most states it’s either $5000 or $10,000, but it can be as low as $2,500 (in Kentucky and Rhode Island). You can find a list of all 50 states’ monetary limits here.If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Most small claims
courts require that you ask the company you’re suing to fix your problem voluntarily before you file your claim If you want to sue Avis in small claims court, you need to send the rent a car company a demand letter.
A demand letter can be clear and concise. Tell Avis who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The letter should consist of a few sentences. Remember you are just checking a box on your to do list before you file a claim.
When you’re done writing the demand letter, you need to mail a hard copy of the letter to Avis’ address.
According to our most recent research, Avis is legally based in Delaware and receives mail at this address:
AVIS RENT A CAR SYSTEM, LLC
C/O CORPORATION SERVICE COMPANY
251 LITTLE FALLS DRIVE
WILMINGTON, DE 19808
If you would like examples of demand letters or more information about how to write them, you should refer to this useful guide.
In order to
sue Avis in small claims court, you need to complete a substantial amount of paperwork.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will ask for additional forms. The correct forms for your location is available for free on your state court website.
Make sure you fill out enough forms; most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don’t have the right number of copies, the court clerk has the power to dismiss your lawsuit.
When you’re done filling out the court forms, it’s time to submit the forms to the court. This process called “filing” requires patience and perseverance.
Many courts 
require plaintiffs to deliver in court documents in person at certain times of the day. Other courts allow plaintiffs to file by fax, mail or online.
All courts require plaintiffs to pay a filing fee before they allow a lawsuit against Avis to move forward in small claims court. The fee, which is published on the court website, is sometimes waived for low income plaintiffs.
When you file your forms, the court clerk provides you with a stamped copy of the forms and a court date.
If you’ve made
it this far, congratulations! Suing Avis in small claims is a long and difficult process.
Now that you’ve filed the papers required to start your case against Avis, you need to tell Avis about the pending lawsuit. This is a called “serving” Avis. To do this, you need to deliver copies of your filed papers to Avis.
Look at your court’s website for instructions on how to properly deliver your forms to Avis, or search for “[your state] small claims service of process”. Courts have implemented strict rules about how to serve a defendant. Forget to follow one rule, and the court clerk can throw out your lawsuit.
When the court
clerk gives you a court date, make sure to put it on your calendar. Write down the address of the courthouse, with special attention paid to the room number. Bring your copy of your filed forms, and any other evidence that supports your case against Avis. Sometimes, Avis will not show up to oppose a plaintiff. If that happens to you, take advantage of the situation to present your side of the story.
Are you ready to sue Avis in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
The Ultimate Guide to Consumer Complaints
Learn More