Access to the courts is something guaranteed by the Constitution (standard disclaimer about the shape THAT's in). Usually googling "File a small claims case" and your state name will get you started. Here are the steps.

http://www.civillawselfhelpcenter.org/self-help/small-claims...

Answered like a librarian - with a link to an actual useful, authoritative resource. Perhaps YC can hire one to chip in to each discussion (I started typing that sentence tongue-in-cheek, but now I'm thinking that it would be fantastic. Imagine someone who added useful, authoritative resources to each discussion - rather than my having to skim through the crowd-sourced noise looking for the signal).

I filed a small claim against a property management company that tried to screw me. It's actually really easy. It takes a while (I remember the wait time being about 6 months), and you have to pay $50-100 to file and have the court "serve" the defendant, but honestly that's a pretty small fee considering you have the entire weight of the US legal system backing you if you're successful.

Is the company liable for the fee if they lose?

Good question, I don't actually know. I think it's possible to make it part of the claim.