How You Can Sue An Automaker In Small Claims Court And Win
As we told you yesterday, Heather Peters was successful in her small claims case against Honda, in which she alleged that the car wasn't getting anywhere near the 50 MPG she says the company advertised her car would get. Although Honda only has to pay her $9,687 for this particular ruling, Peters has essentially laid the groundwork for other owners to make similar claims that could ultimately cost the company an enormous amount of money.
Small claims is not full-bore court. Evidence standards are lower and expensive and consuming processes like depositions and interrogations are dispensed with. It's a dispute resolution process, stripped down to its bare frame and built for speed. Also, fairness. Unlike fancy court, lawyers are not allowed (except in just a few jurisdictions). If the company shows — they don't always, which often means you get a default judgment and get to move automatically to the fun money-collection part — they can only send a company representative, and they can't be a lawyer. With these rules of engagement, the playing field between consumer and corporation is leveled and it's much easier for the average citizen to have their voice heard without getting tripped up in the legal science. That said, you still need to study the guidelines for you area and know what you're doing. Even though Heather Peters is a lawyer by training, there's nothing she did that any Joe Sixpack with a bit of focus and discipline can't do.
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