Your Hawaiian Airlines user agreement probably says you can’t sue Hawaiian Airlines in any court except Small Claims Court, thanks to an arbitration clause. While small claims court can be complicated and time consuming, when you sue Hawaiian Airlines in small claims court following the steps below, it usually gets you what you want.
Ready to sue Hawaiian Airlines in small claims court? Small claims courts are only for certain types of claims, so you need to first figure out if your case qualifies:
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address:
Hawaiian Airlines, Inc.
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 can find an excellent guide here.
The whole point is that you give Hawaiian Airlines the chance to fix it. They just might. But if they don’t, then you move forward and sue Hawaiian Airlines in small claims court with the next steps.
The paperwork will vary based on where you live. Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. The correct forms for your location will be available for free on your state court’s website.
Make sure you fill out enough forms for the next step, usually 3 or 4.
When you’re done filling out the court forms, it’s time to give those forms to the court. This is a legal process called “filing” and the steps differ a bit from place to place.
For example: Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (for a few courts) online.
No matter how you file, you will need to pay a small claims court filing fee before they allow your to sue Hawaiian Airlines in small claims. This fee amount will be published on your court’s website. If you are a low income plaintiff, it can sometimes be waved.
When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe for the next step…
Look at your court’s website for instructions on how to properly deliver your forms to Hawaiian Airlines, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant, and your claim will be dropped if you do not follow them perfectly. So be careful!
Ready to sue Hawaiian Airlines in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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