Some states require, as a prerequisite to filing a Small Claims action, that you send the prospective defendant a “demand letter.” Such a letter would be addressed to Delta, at the address shown below, and would briefly state what you want, any why. Such as: “You caused me to sustain losses in the following amounts as a result of out-of-pocket payments to the parties listed.” “I must receive a check, from you, in this amount within 45 days or I will file suit to recover said sum.” Your “demand letter” should be sent by certified mail, return receipt requested. After the deadline for payment has passed, you may file your suit.
The court complaint should be entitled:
(your name), a resident of the State of Michigan,
vs.
DELTA AIR LINES, INC., a Delaware corporation
In Michigan, the address for “legal service” upon Delta Air is:
DELTA AIR LINES, INC.
c/o CSC Lawyers Incorporating Service (Company)
601 Abbot Road
East Lansing, Michigan 48823-3366
East Lansing is in INGHAM COUNTY. However, the 55th District Court does NOT serve East Lansing, or Lansing even though both cities are within Ingham County.
If Delta wants to bust your chops, under Michigan law, they can request the Small Claims magistrate to “remove” the case to District Court. Once in District Court, Delta can then be represented by an attorney and demand a jury trial. However, if the case
stays in Small Claims court Michigan law provides that Delta has waived their right to be represented by an attorney.
I’m not sure if you would need to travel to, and file in, the East Lansing area, rather than in Wayne County (Detroit.) The Michigan guidelines for small claims appear to indicate the location for the court appearance as where the DEFENDANT (
you would be the “plaintiff) “resides” or is “established.” To appear in Wayne County, you would need to establish, to the satisfaction of the Small Claims magistrate, that the “cause of action arose” in Wayne County. True, the original event---the mechanical problem on the plane—happened in Romulus, Wayne County (Detroit Airport.) Otherwise you will need to travel to the East Lansing area.
Try to document your case, as best as you can, with receipts, credit card bills, copies of e-mails, and notations of conversations, with names where possible. Phone conversations can, to a limited degree, be documented with a copy of a long distance billing entry.
Even if Delta gets the case transferred to District Court where, unless you spend-out for an attorney, you’ll lose, at least you will have forced Delta to take some more time out of their day.
The source for the address shown above is at:
http://www.dleg.state.mi.us/bcs_corp...20LINES,%20INC.
Information about the Michigan small claims process is at:
http://www.ingham.org/DC/OLD/Small_Claims.htm
GOOD LUCK!!