Complaint: Baggage Problem no clothes for Italian cruise
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Old Aug 29, 2009, 10:51 PM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Default Get your satisfaction in small claims court

The only "satisfaction" you're likely to get from Delta, if you get even that, are worthless travel vouchers. Want some vouchers valid for travel only on February 31st? Then, by all means, accept the vouchers. Otherwise, cash will only come at the other end of a court judgment. There's a Delta PR person who posts on here who will probably get real huffy about my "worthless" comment.

First, you need to send a "demand letter" to Delta. This says something like "You've got 30 days, from the date you receive this letter, to meet my demand of (dollar amount). After that I'm taking you to small claims court"

Your claim in court must be reasonable. That is, if you don't have a lot of receipts (or any) your claim must reflect what the value of the contents of the average traveler's luggage would be even if that means you might be taking a loss. Naturally, you can claim the full value, less depreciation, of anything you have receipts for.

File your action in a court who's jurisdiction covers an airport to which Delta has "mainline" (non-commuter) service. If the court grants you a judgment, and Delta refuses to pay, you will then have some assets to seize, though a Sheriff's/Constable's assistance, in the context of a Writ of Execution.

Remember, attorneys are not allowed at small claims proceedings. If Delta sends a "representative," make sure he/she is just that, and not an attorney. Ask the respresentative, in the presence of the judge, whether they are a licensed attorney. If they lie, that's perjury.