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  #1  
Old Aug 31, 2010, 8:52 PM
Maine322 Maine322 is offline
 
Join Date: Aug 2010
Posts: 1
Default Fight Back against Delta

We had a laptop damaged when Delta forced us to check it, because all the overhead compartments were full because they let people bring on too much luggage to avoid the baggage fee. We filed a complaint through their process and heard nothing back. After 6 weeks I filed a lawsuit in Maine against Delta and was able to serve their registered agent in the State. Every State should have a similar process. I was expecting to hear from an attorney but heard nothing from them. They didn't answer the complaint and I got a default judgment. A week later we received a check for $643 with no cover letter, but there was a notation on the back that if we cashed the check we would release Delta from all claims. We never deposited the check. We got a default judgment for $2,724.84 which is accruing post judgment interest. I hope others will fight back as they have clearly adopted a complaint policy to ignore people and hope they go away. If you need any guidance contact me at acedric33@gmail.com.
  #2  
Old Aug 31, 2010, 8:59 PM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
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YOu should now try and seize their assets to satisfy the judgement in the state. It would be lovely to see a bailiff seize a plane at Bangor!!

The ignore the complaint or threaten customers strategy is well established at Delta... they simply don't care about the customers...
  #3  
Old Sep 3, 2010, 6:50 PM
Jetliner Jetliner is offline
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Join Date: May 2008
Posts: 495
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They will never make good on it. That's why they never even showed up in court. I don't know what the statute of limitations is in Maine, but they will just keep ignoring you until that time passes. You are just as well off trying to stop a freight train with a baseball bat.
  #4  
Old Sep 3, 2010, 8:36 PM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Default "Execution of judgment"

Jimworcs is right. If Delta has been given a reasonable time to pay-off the judgment in full you should go back to the court rendering the judgment and request a "writ of execution" (on your judgment.) Assuming Bangor has "mainline" (not commuter) Delta service, take your writ to the Sheriff/Constable serving the county in which Bangor airport is located and request that he seize (as authorized by Maine law) any assets of Delta found at Bangor airport. As an example, this could include a petty cash box, cash drawers, and office equipment. Most states allow seizure of a bank account(s.) However some states may require you to provide specifics such as an account number. Also, some states allow funds owing to others, such as an aviation fuel supplier, to be diverted to the judgment holder.

At the risk of stating the obvious: Unless you want to kiss your judgment good bye, DON'T deposit/cash that $643 check from Delta.
  #5  
Old Sep 3, 2010, 8:54 PM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Default Portland ("PWM"), not Bangor

I found one Delta "mainline" flight operating Portland - Atlanta. So you should try your execution process (seizures) at Portland Airport.
  #6  
Old Sep 3, 2010, 10:56 PM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
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This works... there was a posting yesterday of someone winning a judgement against Delta in Small Claims. You need to enforce your judgement by seizing their assets.
  #7  
Old Dec 22, 2010, 6:18 PM
Researcher Researcher is offline
 
Join Date: Dec 2010
Posts: 28
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Dear user: I am developing a Doctoral research on Mishandled baggage (see General Discussion- Mishandled Baggage Research ) Could you please, provide the airline complaint form (minus personal information) you filled with the airline or send me an email to mishandledbaggageresearch@yahoo.com and I will send a survey. The survey is very similar to the one you must file with the airline and does not contain personal information.
Thanks before hand
  #8  
Old Jan 10, 2011, 10:49 AM
petersellers petersellers is offline
Airline Employee (NOT OFFICIAL REP)
 
Join Date: Jan 2011
Posts: 1
Default

It may be too late but there's good reason why you will never get more than the check DL sent you. The US has signed the Montreal Convention on air travel and is bound by this agreement. The Montreal Convention puts a specific absolute upper limit on the amount of damages that can be awarded for damage, delay or loss of luggage by airlines (which is about $1700). It also explicitly excludes from remuneration for loss, delay or damage a whole list of specific items among which electronic equipment. The only way around those provisions is if you can prove willful negligence.
Furthermore in order to have a claim awarded you need to provide a proof of purchase on the damaged or lost item(s). You're lucky they awarded you any money at all since there is no obligation whatsoever to repay damage to electronic equipment (apart from willful negligence).
I also doubt seriously that the actual value of that laptop at the time of damage exceeded the amount awarded to you by Delta so expecting to get more than $2700 dollars for a used laptop is completely unreasonable.
  #9  
Old Jan 13, 2011, 4:31 AM
jackie h jackie h is offline
 
Join Date: Jan 2011
Posts: 8
Default

After reading all these complaints, it makes me wonder. Is there some way to file a class-action law suit. They need to be hit hard in the pocketbook, or nothing is ever going to change. I have been trying for weeks to contact someone about my claim (which miraculously is non-existent when I check their web site.) They ignored my claim, and I have not been able to get anyone to answer me on their baggage line for several days, respond to a FAX, or even respond to an e-mail I sent to their CEO. This has got to be criminal, or at least it SHOULD be.
  #10  
Old Sep 16, 2014, 12:23 AM
Denisy Denisy is offline
 
Join Date: Sep 2014
Posts: 1
Default Delta Airline Warning

I wanted to warn everyone who considers flying with Delta Airlines. This company has lost my luggage TWICE in the timeframe of barely 1 year! This is ridiculous and unacceptable. When you file claims, all they tell you is that you have 5 days in which you can hope to find your bag. After that, your bag cannot be returned and your belongings are auctioned. They compensate you for literally nothing and just tell you they are sorry. This company is taking advantage of its passengers and it needs a lawsuit. What's even more disturbing is that the baggage claim they give to me at check-in states that the bag is checked to the location I'm flying to. However, when I get off the plane I find out that the bag was never put on the plane with me! And instead, they sent it somewhere else (London). What kind of company operates this way? Delta is definitely not following any rules or regulations, laws or policies it has. Since my second luggage was recently lost, I'm considering a lawsuit now and looking at my options currently. Beware of Delta Airlines and if you've had an experience like mine, file a lawsuit as well. They need to step up and take responsibility.
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