How to Sue Delta Airlines

Do you have a dispute with Delta Airlines over damaged luggage, a flight refund, or an overbooked flight? You have several options, including suing Delta Airlines in small claims court.

In this article, learn about:

• Common types of small claims lawsuits against airlines.

• What to do before suing Delta Airlines in small claims court.

• How much does it cost to sue Delta Airlines in small claims?

• How much can you sue Delta Airlines for in small claims?

• How to file a small claims lawsuit against Delta Airlines.

• Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.

We often receive the question, can I sue an airline in small claims? The answer is yes as long as the dispute is for $12,500 or less (more on this below).

Here are some examples of small claims lawsuits against airlines:

• the airline oversold the flight.

• the airline lost your luggage

• the airline delayed your luggage

• the airline damaged your luggage

• the flight was delayed on the tarmac

• obtaining a flight refund

• the airline's ticketing practices

• concerns with family seating

• problem with the airline's frequent flyer program

You can learn more about complaints against airlines here.

Contact Delta Airlines' Customer Service

Call Delta Airlines' customer service phone number 1-800-221-1212 and have them troubleshoot your problem.

Contact Delta Airlines on Twitter

Many companies respond to Twitter complaints extremely fast. Here is Delta Airlines' Twitter handle:@Delta

Consider filing a complaint against Delta Airlines with the U.S. Department of Transportation

Here are the steps:

1. Click here to go to the DOT Complaint Form.

2. You will need the following information handy: Your information (name, address, contact information), Airline Name, Flight Date, Flight Itinerary, and a description of the problem, incident, complaint (3,000 characters allowed)

3. Make sure to click "yes" for the question "would you like a copy of this submission sent to your email?"

We wrote a whole article on how to file a complaint against an Airline! 

Consider filing a complaint with the BBB against Delta Airlines

The Better Business Bureau may be able to help you with your complaint against Delta Airlines. Here is how you can file a BBB complaint against Delta Airlines.

Make sure to also review complaints other customers have filed against Delta Airlines with the BBB (review Delta Airlines' BBB complaints here). This will help you learn whether Delta Airlines responds to BBB complaints.

Send a Demand Letter

A demand letter is a letter that outlines a set of requests. For example, you could request a refund and explain why you are requesting a refund.  

If you eventually decide to sue in California small claims court, you are required to first request your money or property back before you can file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.

What to include in the demand letter?

Unsure of what to include in your demand letter to Delta Airlines:

• How much money you are owed.

• Why you are owed money.

• Your contact information.

• Where to send payment.

• Give them a few days to respond (usually about 7 to 14 days).

• State that if they don't respond, you intend to sue.

Where to mail the demand letter to?

Delta Air Lines, Inc.
1030 Delta Boulevard
Atlanta, GA 30354-1989

You can also mail a copy of the letter to Delta Airlines' agent in California:

CSC-Lawyers Incorporating Service
710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833-3505
Sacramento County

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.

If Delta Airlines ignores your demand letter, what is the next step? You may be able to sue Delta Airlines in a small claims court. Make sure to review any contracts you have received from Delta Airlines (here is the contract of carriage for Delta Airlines, make sure it applies to you). While there may be a forced arbitration clause, many times there is an exception for small claims lawsuits.

So how much are you going to spend by suing Delta Airlines in small claims court?

Court Filing Fees

The amount you will pay to file a small claims lawsuit in California depends on how much you are suing Delta Airlines for. You will pay between $30 to $75 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.  

Serving Costs

Once the lawsuit is filed, you have to notify Delta Airlines that you have sued them. This is called "serving." Serving Costs can range from $0-$75.

More on who to serve on behalf of Delta Airlines below. ‍If you win, you can request that Delta Airlines pay for your court fees and serving costs.

In California, you can sue Delta Airlines for a maximum of $12,500 if you are an individual. If you are a business suing Delta Airlines, you can sue for a maximum of $6,250. Note, if you are a sole proprietor, you count as an individual.

By suing in small claims you are agreeing to waive any amount over the maximum amount you can sue for, even if you are owed more. For example, if Delta Airlines owes you $14,000, and you decide to sue in small claims, you are waiving suing for an additional $1,500. Meaning that you will win a maximum of $12,500.

While you may be missing out on the full amount you are owed, there are practical benefits to suing in small claims instead of suing in "regular court."

Here are some of the benefits:

1. Court filing fees are cheaper in small claims than in other courts.

2. The process is faster in small claims than in other courts as your hearing will usually be scheduled 30-70 days after you file the lawsuit.

3. Lawyers are generally not allowed in small claims which helps keep the costs of suing low.  

Step 1: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100)

• This form starts the California Small Claims Court lawsuit process. Download here.

• It is also known as the "complaint" or "claim."

• Remember, we can help you prepare the small claims lawsuit and file it with the court! 

• Here is the information you will need for the lawsuit:

Find the correct legal entity for Delta Airlines that you purchased your ticket from.

It may be the following entity:

Delta Air Lines, Inc.
1030 Delta Boulevard
Atlanta, GA 30354-1989‍

Delta Airlines' agent for service of process in California:

CSC-Lawyers Incorporating Service
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833-3505
Sacramento County

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.

Step 2: File "Plaintiff's Claim and Order to Go to Small Claims Court"

Each California Small Claims Court has a different procedure for filing. You have to check with your local small claims court whether they allow filing in-person, by mail, online, or by fax.Or we can file your case for you!

Step 3: Serve the lawsuit on Delta Airlines' agent

Remember, you will be serving Delta Airlines' "agent for service of process" as listed on the California Secretary of State's website. Learn more here.

Agent for Service of Process:

Corporation Service Company Which Will Do Business in California as CSC-Lawyers Incorporating Service
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833-3505
Sacramento County

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.‍

Small claims hearings in California small claims are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.

Who will represent Delta Airlines at the hearing?

• The easiest way to answer this question is that a lawyer will not be representing Delta Airlines since lawyers cannot represent parties at the initial small claims hearing. They will have a non-attorney representative.

The hearing:

• Right before the hearing, the judge will ask you and Delta Airlines' representative to show each other the evidence that you will later show the judge.

• The judge will ask you why you are suing.

• The judge will ask Delta Airlines' representative to tell them their side of the story.‍

• The hearing will last around 15 minutes.‍

• The judge will ask you to show them the evidence you brought. Sometimes the judge will keep the evidence. Other times, you will get the evidence right back.

• Very rarely a judge will tell you whether you won or lost at the hearing. Instead, the judge will tell you that their decision will be mailed to you (usually takes a few weeks to two months or so).