Want to sue Hertz in small claims court?

Your Guide to Sue Hertz Rent A Car in Small Claims Court

Looking to sue Hertz Rent A Car? Your contact with them limits your legal options thanks to an arbitration clause. But you can still sue Hertz Rent A Car in small claims court usually. We explain how.


Are you even able to sue Hertz Rent A Car in small claims court? Does your claim qualify?

Before you can sue Hertz Rent A Car, you have to make sure that your claim qualifies. Small claims courts have very specific rules regarding what cases they will accept so you have to check on two things.

  1. The first is the type of compensation you are asking for. When you sue Hertz Rent A Car, you have to ask them for compensation and in most courts that can come in the form of monetary compensation or money, or it can come in the form of Equitable compensation which is basically anything else. However, small claims courts will generally only award compensation that is monetary. So, if you have a problem with damage to a vehicle you would need to convert that to a monetary figure before you bring your case before a judge.
  2. The second is the amount of money you are asking for in compensation. Every state is different in terms of the monetary limits they place on small claims courts. Some can be as low as $2,500 and others as high as $10,000. 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.


Send your demand letter.

Assuming your case qualifies and it meets these two parameters, the first step to sue Hertz Rent A Car is to ask them to fix the problem voluntarily.

Small claims courts require that you do this in almost every case because they want to make sure you’ve exercised every option to resolve the problem on your own before you sue Hertz Rent A Car. This is called the demand letter. It can be very simple and straightforward, nothing more than a few sentences that explains your contact information, if you have one an account number with the company, what the problem is, and how you want them to fix it.

When you are done you need to mail a hard copy of the letter to the official address:

The Hertz Corporation

If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.


Fill out the court forms.

If they don’t respond to this demand letter now you can sue Hertz Rent A Car in small claims court. Initiate this process by filling out the right paperwork. Every state court is different in terms of what paperwork they require. You can look up the requirements on your state court website.

There are certain counties that have additional requirements so be sure to check on that.

Also make sure you review how many copies you need for every document. It’s quite common for courts to require you bring three or four copies. If you don’t have the right copies, you won’t be able to sue Hertz Rent A Car today.


File the forms with the court.

After you have filled out the forms it’s time to bring them to the court. This is the official process called filing. When you file your documents with the court you have to first pay the small claims court filing fee before you can sue Hertz Rent A Car.

If you are a low-income plaintiff you might be able to have this fee waived.

The clerk will review the forms, stamp them, give you back your copies, and assign you a hearing date. Bear in mind that most courts require you physically come to the courthouse to deliver these documents in person. In some rare cases, you might be able to get away with mailing them into your court depending on where you live.



“Serve” your forms on Hertz.

Once you have the copies, you have to officially serve Hertz Rent A Car. This is where you notify them that they are being sued.

Every state has different parameters for how this process is to be done. It’s important that you look at your court website to figure out what the rules are and that you follow each of them.

If you fail to follow even one of these rules, it can be grounds to have your case thrown out with no compensation.


Show up for court.

Don’t forget about that court date. In order to finalize the process when you sue Hertz Rent A Car, you have to go to your court date.

Bring any evidence you have to back up why you decided to sue Hertz Rent A Car, as well as the filed court documents from earlier.

The company may or may not send someone to oppose you but in any case it’s your job to convince the judge that you have a valid claim and deserve compensation.

Ready to sue Hertz in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

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