Looking to sue Delta Airlines? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Delta Airlines. And we’ve helped get millions of dollars in settlement offers…
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Tired of hitting dead ends when trying to get a refund from Delta Airlines? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Delta Airlines customer service options, but still feel unheard.
There are different ways to file a complaint against Delta Airlines, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Delta Airlines, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Delta Airlines to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Delta Airlines contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
If you’re ready to sue Delta Airlines in Small Claims Court, read on below:
Are you ready to sue Delta Airlines in small claims court? Small claims courts are only for certain types of claims. The first step is to ensure you qualify to file a lawsuit in small claims court. There are two things you need to know:
Every small claims court sets a maximum dollar size for the claim you can bring. In most states it’s either $5000 or $10,000, but it can be as low as $2,500 (in Kentucky and Rhode Island). 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.
Most small claims
courts require that you ask the person you’re suing (the “defendant”) to fix your problem voluntarily before you file your claim. If you want to sue Delta Airlines in small claims court, you first need to send the company a demand letter.
A demand letter can be simple and straightforward. Tell Delta Airlines who you are (your name, address, phone number and account number), what the problem is, and what you want from the company. The whole letter can be just a few sentences.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail that allows you to confirm delivery of the demand letter, to their legal address. According to our most recent research, Delta Airlines is legally based in Delaware and receives mail at this address:
DELTA AIR LINES, INC.
C/O 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, refer to this helpful guide.
In order to sue
Delta Airlines in small claims court, you’re going to need to fill out some paperwork.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will request 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. Most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don’t have the right number of copies, the court clerk will not accept your claim.
When you’re done filling out the court forms, it’s time to give the forms to the court. This process can be a bit confusing.
Many courts will
require you to come to the courthouse during specified days and hours to deliver the forms to the court clerk. Other courts may allow you to file by fax, mail or online.
All courts will require you to pay a filing fee before they allow your to sue Delta Airlines in small claims court. This fee, which will be published on your court’s website, is sometimes waived if you are a low income plaintiff.
When you submit the proper forms, the court clerk provides you with a stamped copy of the forms and a court date.
If you’ve made
it this far, good work! Suing Delta Airlines in small claims court is a long and difficult process.
Now that you’ve filed the papers required to start your case against Delta Airlines, you need to tell Delta Airlines about the claim. This is a called “serving” Delta Airlines. To do this, you need to deliver a copy of your filed paperwork to Delta Airlines.
Look at your court’s website for instructions on how to properly deliver your forms to Delta Airlines, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant, and you can expect the court to drop claim if you do not follow the instructions perfectly.
When the court
clerk gives you a court date, make sure to put it on your calendar.
Make sure you know where the hearing is scheduled to unfold. Bring the copies of your filed forms, and any other evidence that backs up your case against Delta Airlines.
Sometimes, Delta Airlines will not show up to oppose you. If that happens, take advantage of the company’s absence to present your side of the story.
Are you ready to sue Delta Airlines in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
Get justice when a business lets you down:
FairShake’s Ultimate Guide to Consumer Complaints
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