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Small claims forms · Delaware

Delaware small claims court forms, filled in for you

Answer a few questions once. Vera fills in the Delaware court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.

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Sign online where the court accepts it. E-filing: JP Court eFlex, after its training. Forms sworn before a notary or the clerk are still signed by hand.

If you were sued: your answer is due 15 days after you were served. Source: the Defendant's Answer (JP Civil Form 07): it "must be received by the Court within 15 days after the date you received it".

To sue (you're the plaintiff)

  • Complaint (JP Civil Form No. 01)Sign online

    The court's own form (courts.delaware.gov)

    What to know
    • This is the Justice of the Peace Court's complaint form: "The same form is used for all types of civil complaints" (the court's page How To Start a Civil Action in the Justice of the Peace Court). The court hears money debts, property damage and return of personal property up to $25,000; if your claim is more, your relief is limited to $25,000 and you lose the rest. It cannot hear personal injury claims (10 Del. C. § 9301; JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court).
    • You will not recover your court costs against a Delaware resident unless you file in a court in the county where the defendant resides (the court's page How To Start a Civil Action in the Justice of the Peace Court; JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court).
    • Vera fills the county and the court number only when your court's name, as you saved it, gives them. Vera filled you as Plaintiff 1 and the other side as Defendant 1. Leave the Civil Action No. blank (the court's sample complaint instructions, (A)). From your answers in Court forms, Vera filled your address, phone and email, the defendant's address, phone and email, a second defendant's name and address as Defendant 2, the defendants' Check One (Individual for a person; the corporation or other artificial entity box for a corporation, LLC, partnership or other business; nothing for a business with one owner (mark the box that fits the name you sued under), a government agency, a public body the box does not name, or when there is a second defendant, since the one box covers both), Type of Action Debt for a loan, account, contract, rent or security deposit claim, your reason as the Concise Statement of Facts, the amount claimed, without interest, on the first line of Relief Sought, and the interest you ask for on the Pre Judgment Interest line. Check each one; the Statement of Facts asks who, what, when, where and how, so add anything your reason leaves out (the court's sample complaint instructions, (A) to (L); the form).
    • Still yours: the Court Address, your own Check One, the Type of Service, the Type of Action for any other claim ("Check Debt" for a claim for money), the interest rate, as a legal rate or a contractual rate (the form), and Defendant 2's phone and email (the court's sample complaint instructions, (A) to (L)). A third defendant goes on form CF01AP (the form).
    • For a residential security deposit: file it as a debt action (the court's page How To Start a Civil Action in the Justice of the Peace Court). The landlord must return the deposit, or an itemized list of damages with the difference, within 20 days after the rental agreement ends, and failing that the tenant is entitled to "double the amount wrongfully withheld" (25 Del. C. § 5514(e) to (g)); doubling needs a forwarding address given in writing at or before the end of the agreement (25 Del. C. § 5514(h)). Put the rental unit's street address on the form, state when the lease ended, when you asked in writing, and when you gave the forwarding address, and put the doubled amount on the first line if you seek it (the court's Instructions for Filing Complaint for Return of Security Deposit, (I), (K), (L)).
    • An individual may appear without an attorney. A corporation, partnership or other organization without a lawyer must file a Certificate of Representation (Civil Form 50) with the Chief Magistrate, with the $20 annual fee, before filing, and attach a copy to the complaint (the court's page How To Start a Civil Action in the Justice of the Peace Court; the court's sample complaint instructions, (F)).
    • Make four copies of the complaint and attachments; keep one and take or mail the original and three copies, with the filing fee, to the court (the court's page How To Start a Civil Action in the Justice of the Peace Court). The court's fee list shows "Debt Claims where the amount in controversy is less than $1,000: Filing Fee $35", $40 from $1,000 to $5,000, and $45 over $5,000; trespass claims the same (courts.delaware.gov, Justice of the Peace Court Civil Fees, updated 11/05/2021). If you cannot afford it, file the Application and Affidavit to Proceed in Forma Pauperis (Civil Form 49), signed before a notary or a justice of the peace (the same page).
    • The court serves the defendant with the summons and a blank Defendant's Answer to Complaint (Civil Form No. 7), and the cost is in the filing fee, unless you choose a special process server (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court; the court's page How To Start a Civil Action in the Justice of the Peace Court). The court does NOT serve a defendant outside Delaware: you mail the papers by certified or registered mail, return receipt requested, within 7 calendar days after the court returns them to you, then file the receipt with a notarized affidavit (JP Civil Form No. 31A) within 10 calendar days of its return (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court).
    • The defendant has 15 days from service to answer. If the defendant asks for a trial, the court sends both sides the date; you must appear or a nonsuit judgment may be entered. In a debt action the defendant may demand a Bill of Particulars, which you file with a notarized affidavit within 15 days. If no answer comes, the court sends you the Statement of Plaintiff in Support of Default Judgment (Civil Form No. 13), which must be notarized (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court).
    • Date and sign the complaint (the court's sample complaint instructions, (M)). Vera never signs or dates a form.

  • Certificate of Representation for an Artificial Entity or Public Body in Civil Cases in the Justice of the Peace Court (JP Civil Form 50)

    Only if you are a business represented by someone who is not a lawyer.

    The court's own form (courts.delaware.gov)

    What to know
    • A corporation, partnership or other organization that sues without a lawyer must file Form 50 with the Chief Magistrate and attach a copy to the complaint; it lets a person who is not a lawyer represent the organization in the Justice of the Peace Court (the court's sample complaint instructions, (F)).
    • An officer of the entity completes it and it is notarized; the original goes to the Chief Magistrate, 5 East Pine Street, Georgetown, Delaware 19947, with the $20 annual fee by check or money order payable to the State of Delaware. eFilers submit it through eFiling (the form).
    • Vera fills nothing on it: the entity's name, its type (the form says you must check one to be eligible to use Rule 57), its address, the named representative, and the officer's and representative's positions are the entity's to enter (the form).
    • The officer and the named representative each sign before a notary. Vera never signs or dates a form.

If you were sued (you're the defendant)

  • Defendant's Answer to the Complaint (JP Civil Form NO. 07)Sign online

    The court's own form (courts.delaware.gov)

    What to know
    • The court serves you with this form with the summons (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court). "This signed document must be received by the Court within 15 days after the date you received it or a default judgment may be entered against you." Mail it to the court at the address on it (the form).
    • Check one: "I ADMIT that I owe the debt or claim in the Complaint and DO NOT want a trial" (judgment is entered for the amount claimed plus interest and costs, and you give up your right to a trial and to appeal), or "I WANT A TRIAL". In a debt action you may also ask for a Bill of Particulars, a statement of the basis for the claim and how the amount was determined. Check Interpreter Requested and give the language if you need one (the form; JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court). Vera marks nothing: in the court's file the three boxes are one field, so marking one would mark all three.
    • Vera fills the county and the court number only when your court's name, as you saved it, gives them. Vera filled the civil action number if your case has one, the plaintiff, and you as defendant. From your answers in Court forms it filled your address and phone, and your email. Copy the Court Address from the summons or complaint (the form).
    • If you are a corporation or other artificial entity or public body, the answer "MUST be signed by an attorney or person designated by a Certificate of Representation (Form 50)" before it is filed (the form).
    • If you ask for a trial, the court schedules it and sends both sides the time of the hearing. "YOU MUST APPEAR AT THE TRIAL, OR YOU WILL LOSE THE CASE." In most cases a motion to vacate a default judgment must be filed within 15 days of its entry, or 30 days if service was by certified mail (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court).
    • If you claim the plaintiff owes you money, you may file a counterclaim on JP Civil Form No. 01CC (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court).
    • Sign it (the form). Vera never signs or dates a form.

  • Counter-Claim / Cross-Claim (JP Civil Form No. 01CC)Sign online

    Only if you have your own claim against the plaintiff arising from the complaint.

    The court's own form (courts.delaware.gov)

    What to know
    • A counterclaim "should be filed by the party in writing no later than five (5) days prior to the time and date of trial". Submit the original to the court and mail a copy to the other side or its attorney (the form; JP Civil Rule 13(d)). "In most instances" the 5 days exclude holidays and weekends; with the court's copy, file a notarized affidavit stating how and when you served the plaintiff's copy. The MISC 27C form can be used as proof of service (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court; the form).
    • Vera fills the county and the court number only when your court's name, as you saved it, gives them. Vera filled the civil action number if your case has one, you as Counter/Cross-Claim Plaintiff 1 and the plaintiff as Counter/Cross-Claim Defendant 1. If you told Vera in Court forms that you are suing the plaintiff back, it marked COUNTER-CLAIM (against the plaintiff) and filled the amount and your reason as the Statement of Facts. For a cross-claim against another defendant instead, mark CROSS-CLAIM and put that defendant's name in place of the plaintiff's (the form).
    • State in detail why you are countersuing, the total amount and how you arrived at it (JP Civil Booklet 04, How to File and Defend a Civil Claim in the Justice of the Peace Court): add to the Statement of Facts anything your reason leaves out. Any property to be returned goes with its value and an attached list (the form).
    • Date and sign it (the form). Vera never signs or dates a form.

  • Certificate of Representation for an Artificial Entity or Public Body in Civil Cases in the Justice of the Peace Court (JP Civil Form 50)

    Only if you are a business answering through someone who is not a lawyer.

    The court's own form (courts.delaware.gov)

    What to know
    • If you are a corporation or other artificial entity or public body, "Only an attorney or a person designated in a Form 50 may represent you in JP court", and your answer must be signed by one of them "prior to the filing of this Answer" (Defendant's Answer to Complaint, JP Civil Form NO. 07).
    • An officer of the entity completes it and it is notarized; the original goes to the Chief Magistrate, 5 East Pine Street, Georgetown, Delaware 19947, with the $20 annual fee by check or money order payable to the State of Delaware. eFilers submit it through eFiling (the form).
    • Vera fills nothing on it: the entity's name, its type (the form says you must check one to be eligible to use Rule 57), its address, the named representative, and the officer's and representative's positions are the entity's to enter (the form).
    • The officer and the named representative each sign before a notary. Vera never signs or dates a form.

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.