My friends thought I was crazy when I filed a lawsuit in small claims court for $21.95 against Microsoft. One fellow put it this way: “So! You are willing to risk two or three thousand dollars in order to recover such a little dab of money?” Local attorneys appeared to be amused that I was even thinking of pursuing the matter. “Take the loss- and let it go”, they advised
This $ 21.95 in dispute came about when Microsoft simply ignored the terms of a special offer which they had extended to me for internet service in the late 90’s. The deal was attractive: absolutely no monthly cost for the first six months, and then the full monthly rate of $21.95 for the remaining six months of the calendar year.
It was quickly apparent that Microsoft had over-reached. The local dial-up facilities failed to perform properly---something to do with the network, or so their tech people told me in my frequent phone calls for assistance. So I did the paperwork to invoke my “get out clause” to make the intention official. I mailed the letter and I also Faxed a copy to the appropriate sites. All this was done well within the initial 30-days as clearly specified in the agreement.... And then, to be absolutely sure, I repeated my request to terminate the dal by telephone.
A done deal I thought. The matter was forgotten until six months later when a charge of $21.95 appeared on my credit card statement. Just a simple mistake I was thinking until Microsoft refused to refund it. In fact, Microsoft intended to continue this monthly charge until the end of the year. My protests and repeated offers to show documentation of my having complied (with all the terms of the agreement) fell on deaf ears.
It was obvious that Microsoft considered the matter to be closed- a done deal because they had the benefit of odds in their favor. Their Corporate Big Guys assumed that no sane person would be willing to put up the money--- at least $2.000.00 or more for a court challenge for such a piddling amount.
However, small claims court is another matter. I filed a lawsuit without a lawyer. My check for about $75.00 created Case # 00GC21362, on the docket for a hearing in about a month or so.
The experience of being in a courtroom is interesting, of course, but being there as a plaintiff is an entirely different, and truly unique experience. I was immediately glad that I had been to court as a visitor several or more times previously to get at least some idea of what to expect. Although each individual state in America probably does it differently, I suspect it is pretty much the same across the nation.
In the state of Tennessee, a General Sessions courtroom looks just like the courtroom scenario which one sees on television--- a large room divided into sections by a wooden picket fence with a neat, little gate at its center. Visitors, plaintiffs and defendants, all sit in the rows nearest the doorway while court staff and lawyers enter the restricted area beyond the row of benches.
The ambience of the room is somewhat like that of an audience awaiting the arrival of a pop-star idol. Suddenly, at near about the scheduled time, a loud voice demands that everybody rise to their feet. We heard the sound of approaching footsteps from the hallway, and quickly, the Presiding Judge entered the room and took his seat at the BENCH, thereby signaling the beginning of the session.
The judge proceeded to call the Docket by calling out the names of each of the opposing parties in an upcoming case. Eventually my name was called as a Plaintiff Versus Microsoft. Then the two of us, me and the Microsoft attorney are escorted to an adjacent, empty courtroom where a different judge will hear our case.
A brief back and forth exchange of dialogue then followed--- call it court room drama. I’m given the opportunity to state my case— which I do with a carefully rehearsed twenty second monologue. In turn, the lawyer for Microsoft responded with a reference to the existence of a Terms of Service Agreement,
I had learned the value of keeping copies of business paperwork from painful experience. When it was my turn to speak, I offered my documentation--a copy of my letter which I had mailed, and faxed, and notations of my numerous phone calls in hopes of resolving the matter.
The judge appeared to read through the several pages before calling on the attorney for a response- which, when it came, was futile. Apparently my evidence was sufficient. He looked at me and smiled. "Looks ample to me" he said with a soft thud of his gavel. "Judgment for the Plaintiff," he concluded.
The incident required almost a full half day, but concluded in a matter of minutes.
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