Introduction
Delaware’s Justice of the Peace Court handles small claims cases, offering individuals and businesses a streamlined process to resolve minor disputes. Designed for self-representation, this court is ideal for cases involving monetary amounts up to $25,000. This guide explains the steps to file a small claim in Delaware, from determining eligibility to attending your hearing.
1. What Is Small Claims Court in Delaware?
Delaware’s Small Claims Court operates within the Justice of the Peace Court system. It resolves disputes quickly and affordably without requiring a lawyer. Common claims include:
- Unpaid debts.
- Property damage.
- Breach of contract.
- Disputes between landlords and tenants.
2. Who Can File a Small Claim in Delaware?
Eligibility Requirements
- Individuals: Must be at least 18 years old.
- Businesses: Corporations, LLCs, and partnerships can file claims.
Jurisdiction Requirements
File your case in the Justice of the Peace Court where:
- The defendant resides, works, or conducts business.
- The incident or dispute occurred.
3. Monetary Limits for Small Claims in Delaware
The maximum amount you can claim in Delaware’s Small Claims Court is $25,000, excluding court fees and interest.
4. Steps to File a Small Claim in Delaware
Step 1: Attempt to Resolve the Dispute
Before filing a claim, try to settle the matter directly with the other party. Sending a demand letter is recommended. The letter should:
- Outline your claim.
- Request payment or resolution within a specific timeframe (e.g., 14 days).
Step 2: Complete the Filing Forms
- Visit the Justice of the Peace Court or download the required forms from the Delaware Courts website.
- Complete the Complaint Form with the following details:
- Your name and address.
- The defendant’s name and address.
- A description of the dispute and the amount being claimed.
Step 3: File Your Claim
- Submit the completed Complaint Form to the Justice of the Peace Court where the case belongs.
- Pay the filing fee, which varies based on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $5,000 | $40 |
| $5,001–$15,000 | $75 |
| $15,001–$25,000 | $100 |
Step 4: Serve the Defendant
- The court will issue a summons for the defendant.
- You must arrange for the defendant to be served through:
- Certified Mail: With return receipt requested.
- Sheriff’s Office: Personal delivery (additional fee applies).
Step 5: Prepare for the Hearing
- Gather evidence such as contracts, invoices, emails, photos, or receipts.
- Organize your case logically and rehearse a concise explanation of the facts.
5. The Hearing Process
A. Defendant’s Response
- The defendant has 20 days to respond after being served.
- They may admit to the claim, dispute it, or file a counterclaim.
B. Trial Date
- If the defendant disputes the claim, the court will schedule a hearing.
- Both parties will present their evidence and arguments to the judge.
C. Judgment
- The judge will issue a decision, typically on the same day or shortly after the hearing.
6. What If the Defendant Fails to Appear?
If the defendant does not respond or attend the hearing, the court may issue a default judgment in your favor.
7. Enforcing a Judgment
If the court rules in your favor and the defendant does not pay voluntarily, you can take steps to enforce the judgment:
- Wage Garnishment: Deducting payments directly from their salary.
- Bank Account Levy: Seizing funds from their bank account.
- Property Liens: Placing a lien on their property until the debt is paid.
8. Tips for Success
- File in the Correct Court: Ensure you file in the proper jurisdiction.
- Serve Properly: Use an approved method to serve the defendant.
- Be Prepared: Present your case clearly with organized evidence.
- Stay Professional: Be respectful to the judge and opposing party.
- Follow Deadlines: Submit all forms and serve the defendant on time.
Frequently Asked Questions (FAQs)
1. Can I file a small claim online in Delaware?
Delaware does not currently offer online filing for Small Claims Court. You must file in person or by mail.
2. Can I have a lawyer represent me?
No, lawyers are not allowed in Small Claims Court. The process is designed for self-representation.
3. What happens if my claim exceeds $25,000?
You can waive the excess to stay within the limit or file your case in a higher court.
4. How long does the process take?
Most small claims cases in Delaware are resolved within 1–3 months, depending on court schedules.
5. Can I appeal a Small Claims Court decision?
Yes, you can appeal to a higher court within 15 days of the judgment.
Conclusion
Filing a small claim in Delaware’s Justice of the Peace Court is a straightforward way to resolve disputes involving amounts up to $25,000. By following the steps outlined in this guide and preparing thoroughly, you can navigate the process confidently and increase your chances of a successful outcome. For more information, visit the Delaware Courts website or contact your local Justice of the Peace Court.