Small Claims Court in New Castle County

In New Castle County, DE small claims cases are typically filed in the Justice of Peace Court. New Castle County has 2 Justice of Peace Courthouse that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the New Castle Court System.

Small Claims Court

Monetary Limits in the Justice of the Peace Court

• Maximum Award: The Justice of the Peace Court can award up to $25,000.
• Claims Exceeding $25,000:
  • If your claim is greater than $25,000, you can still use the Justice of the Peace Court by limiting your claim to $25,000.
  • By choosing this option, you forfeit the right to claim any amount exceeding $25,000.
• Individuals:
  • You may appear in the Justice of the Peace Court without an attorney.
  • If unfamiliar with legal issues and procedures, consider consulting with a lawyer.
• Corporations, Artificial Entities, or Public Bodies:
  • You can appear without a lawyer only if you file a Certificate of Representation (Civil Form 50) with the Chief Magistrate.
  • You must comply with the provisions of Supreme Court Rule 57.
  • The Certificate must be filed before filing your complaint or answer and must be renewed annually.
  • There is a $20.00 annual registration fee for the Certificate of Representation.

Cases Handled

Types of Civil Cases Handled by the Justice of the Peace Court

1. Debt Actions:
   • Definition: Claims for a sum of money.
   • Examples: Money claimed on a loan, for purchases made, for incomplete or improperly done work, for unpaid rent, or for security deposits not returned.
2. Trespass Actions:
   • Definition: Involves wrongful, intentional, or negligent actions causing damage to another's property.
   • Examples: Damages to an automobile from a traffic accident, to a home, lawn, bicycle, or any other personal property.
   • Requirements: The complaint must describe the incident, the type and amount of damage, how the damages were calculated, and how the Defendant's conduct was improper.
   • Note: The court does not handle actions involving personal injuries or mental anguish.
3. Replevin Actions:
   • Definition: Filed to retrieve an article or item of personal property being withheld by another person.
   • **Requirements:**The complaint must include a detailed description, serial number, and value of the personal property.
4. Landlord/Tenant (Summary Possession) Actions:
   • Definition: Filed by landlords for possession of rented property due to unpaid rent or misuse/abuse of the property.
   • Additional Claims: If seeking back rent along with possession, include it in the summary possession action. For back rent only, file a debt action. Tenants may also file if wrongfully kept out of rented property.
   • Requirements: Landlords must provide written notice to tenants stating they have at least five days to pay rent or seven days (ten days for mobile homes) to correct misuse/abuse. If not complied with, a suit for possession may be filed.
   • Scope: Can involve residential or commercial units, as well as mobile homes.

Naming the Defendant Correctly

1. Importance of Correct Naming:
   • You can only collect from the party or parties whose names are exactly as they appear on your claim.
   • Ensure you know the full name, correct address, and the nature of the party being sued (individual, sole proprietorship, corporation, partnership, LLC, association, estate, or trust).
2. Suing an Individual:
   • Write the first name, middle initial (if known), and last name.
   • Example: John A. Doe.
3. Suing a Sole Proprietorship:
   • Write both the owner’s name and the company name.
   • Use "dba" (Doing Business As) between the owner’s name and the company name if operating under a fictitious name.
   • Example: John A. Doe, individual & dba Delaware Donuts.
4. Suing a Husband and Wife:
   • Write both their full names and serve them separately.
   • Example: John A. Doe and Mary B. Doe.
5. Suing a Corporation:
   • Write the name of the corporation.
   • Example: John's Donuts, Inc.
   • If the corporation owns a division or subsidiary, include it as follows: Doe Corporation, doing business as "John's Donuts".

How to Locate a Person or Business

Importance of Correct Information:

• You need the correct name and address of the defendant for the Court to serve them with notice of the lawsuit.
• Street addresses are preferable to post office boxes.
• For summary possession actions, you must have the rental unit's address.

Locating a Person:

1. Address Change through the Post Office:
   • Send an envelope to the person’s last known address.
   • Write "Address Service Requested" below your return address.
   • The Post Office will:
     • Forward the piece and provide a separate notice of the new address for months 1-12.
     • Return the piece with the new address for months 13-18.
     • Return the piece with a reason for non-delivery after month 18.
   • If no change of address is available, the mail will be returned with a reason for non-delivery.
2. Property Records:
   • The County Recorder of Deeds Office lists property owners by name and property location.
   • New Castle County:
     • 800 French Street, 4th Floor, Wilmington, DE 19801
     • (302) 395-7700
3. Using a Telephone Number:
   • If you only have a listed telephone number, use a Cross Directory to find the corresponding address.

Locating Businesses

Corporations:

• Secretary of State's Office:
  • Maintains information on Delaware corporations and those qualified to do business in Delaware.
  • Contact: (302) 739-3073 for corporation information.
• Sole Proprietorships and Partnerships:
  • Prothonotary's Office:
  • Maintains listings of names and addresses of business owners operating under a name different from the owner's name.
  • Contact information for Prothonotary's offices in each county:
• New Castle County:
  • Leonard L. Williams Justice Center
    500 N. King Street
    Wilmington, DE 19801
    (302) 255-0823

Note:

• Court clerks cannot assist in locating a person or business. Make sure to gather accurate and complete information independently.

Fill Out and File the Complaint

1. Preparation Steps:
   • Determine Type and Amount of Claim:
     • Verify that your claim type and amount can be handled in the Justice of the Peace Court.
   • Obtain Correct Defendant Information:
     • Ensure you have the correct name and address of the defendant.
   • Identify Additional Parties for Service:
     • If suing a corporation, insurance company, or the State of Delaware or one of its agencies or officials, determine if any additional parties need to be named for service.
     • Check for any special procedures required for service.
2. Complaint Form:
   • Civil Form No. 1:
     • Obtain the complaint form from any Justice of the Peace Civil Court or download it from the court’s website.
3. Filling Out the Complaint:
   • Type of Claim:
     • Clearly indicate the type of claim you are filing.
   • Amount of Claim:
     • Specify the exact amount you are claiming.
   • Defendant’s Information:
     • Fill out the defendant's full name and address accurately.
     • If suing a business, use the correct format (e.g., John A. Doe, individual & dba Delaware Donuts).
   • Additional Parties:
     • Include additional parties if required, following the necessary procedures for service.
   • Details of Claim:
     • Provide a detailed description of your claim, including relevant facts and evidence.
4. Filing the Complaint:
   • Submit the completed complaint form to the Justice of the Peace Civil Court.

Court Contact Information

Important Notes

• Service of Process:
  • Ensure proper service of the complaint to the defendant and any additional parties.
• Court Clerks:
  • Be aware that court clerks cannot help you in filling out the complaint or locating defendants. Ensure you have all necessary information before filing.

Steps to Fill Out Your Complaint

1. Obtain the Correct Form:
   • Use Civil Form No. 1 from any Justice of the Peace Civil Court or download it online.
2. Understand Requirements:
   • Familiarize yourself with statutory requirements for your specific action type (debt, trespass, replevin, landlord/tenant).
3. Gather Information:
   • Have the correct name and address of the defendant.
   • Determine if additional parties need to be named for service.
4. Complete the Form:
   • Type of Claim: Indicate the claim type (debt, trespass, replevin, landlord/tenant).
   • Plaintiff Information: Enter your name and address.
   • Defendant Information: Enter the full name and address of the defendant.
   • Claim Details: Describe the claim with facts, dates, and amount owed. Attach supporting documents.
   • Special Requirements: Include required details specific to your claim type.
5. Review and Submit:
   • Check for accuracy, sign, and date the form.
   • Submit to the appropriate Justice of the Peace Civil Court.

Final Notes

• Court clerks cannot assist with filling out the complaint or locating defendants.
• Ensure all information is accurate and complete to avoid delays.

Filing a Landlord/Tenant (Summary Possession) Action

1. Understand Requirements:
   • Review relevant booklets and codes (e.g., Landlord-Tenant Code).
2. Complete the Complaint:
   • Obtain and fill out the complaint form accurately.
3. Make Copies:
   • Prepare four copies of the complaint if downloaded; retain one copy for yourself.
4. Submit the Complaint:
   • File the original and copies with the court, including the filing fee. Mail with a check if not delivered in person.
5. E-filing (for businesses):
   • Businesses with multiple cases must e-file and complete required training.
6. File in the Right Court:
   • Summary Possession: File in the court nearest the rental property.
   • Other Cases: File in the defendant's county.
7. Fee Waiver:
   • Apply for a fee waiver if needed using the appropriate forms.
8. Certificate of Representation:
   • Corporations or entities not using a lawyer must file a Certificate of Representation.
9. Service of Process:
   • Ensure the complaint is served on the defendant following proper procedures.

Serving Your Complaint

1. Receive Trial Notice:
   • The court will notify you of the trial date unless the defendant admits to the amount owed in debt or trespass actions.
2. Failing to Appear:
   • If you do not attend the trial, a nonsuit judgment may be entered against you, resulting in dismissal of your case.
3. Requesting a Continuance:
   • If you cannot attend, notify the court in writing immediately to request a continuance. You may also fax your request.
4. Bill of Particulars (for Debt Actions):
   • Purpose: Provides a detailed statement of the claim and how the amount owed was calculated.
   • Affidavit: Include a notarized affidavit (for corporations or partnerships, signed by an officer or partner).
   • Filing and Service: File the original bill with the court and send a copy to the defendant within 15 days. Include details of how the copy was served, including the mailing date and address if applicable.

Service of Process

1. General Procedures:
   • Filing and Service: After filing your complaint, the court will attempt to serve the defendant unless you hire a special process server or are suing an out-of-state resident.
   • Fees: Service by the court is included in the filing fee. Additional fees apply for out-of-state residents, insurance companies, corporations, limited partnerships, and if serving the State of Delaware or its agencies.
   • Special Process Server: If you choose to use one, you will pay their fee in addition to the filing fee.
2. Failure to Serve:
   • Notice of Failure: If the court cannot serve the complaint, you will receive a Notice of Failure to Serve Complaint (Civil Form No. 9) explaining why.
   • Alias Request: If service fails, file an "alias" request for service (second attempt). This requires an additional fee and a new complaint form (J.P. Civ. Form No. 1).
3. Special Procedures:
   • Corporations: Follow specific rules for serving business entities.
   • Defendants Outside Delaware: Special procedures apply.
   • Insurance Companies: Follow additional requirements.
   • The State: Special rules apply when serving state agencies or officials.

Court Civil Fees

• Abandoned Property Suit: $45
• Abandoned Property Claims (Third/Fourth/Fifth Party Action): $45
• Alias (Second Attempt at Service): $20
• Attachment in Lieu of Summons: $20
• Constable Sale (Venditiona Exponas): $20
• Debt Claims:
  • Less than $1,000: $35
  • $1,000 - $5,000: $40
  • Exceeds $5,000: $45
• Debt Claims (Third/Fourth/Fifth Party Action):
  • Less than $1,000: $35
  • $1,000 - $5,000: $40
  • Exceeds $5,000: $45
• Debt Interpleaders:
  • Less than $1,000: $35
  • $1,000 - $5,000: $40
  • Exceeds $5,000: $45
• Debt Interpleaders (Third/Fourth/Fifth Party Action):
  • Less than $1,000: $35
  • $1,000 - $5,000: $40
  • Exceeds $5,000: $45
• Distress for Rent Claim: $60
• Distress for Rent Claim (Third/Fourth/Fifth Party Action): $60
• Execution (Wage Attachment/Levy): $30
• Garage Keeper Case: $45
• Landlord/Tenant:
  • Filing Fee: $45
  • Appeal to 3-Judge Court: $60
  • Third/Fourth/Fifth Party Action: $45
• Motion to Vacate a Default/Nonsuit Judgment: $15
• Replevin Action:
  • Filing Fee: $55
  • Third/Fourth/Fifth Party Action: $55
• Revival of Judgment (Scire Facias): $20
• Service of Writ of Summary Possession: $40
• Subpoena: $10
• Transcript: $10
• Trespass Claims:
  • Less than $1,000: $35
  • $1,000 - $5,000: $40
  • Exceeds $5,000: $45
• Trespass Claims (Third/Fourth/Fifth Party Action):
  • Less than $1,000: $35
  • $1,000 - $5,000: $40
  • Exceeds $5,000: $45

Waiver of Court Fees

Eligibility and Process:

1. Obtain Forms:
   • Download or get the forms from the Court: Application and Affidavit to Proceed in Forma Pauperis (Civil Form 49).
   • If you have been previously restricted from filing claims due to frivolous litigation, also complete Affidavit of Good Cause (Civil Form 49A).
2. Complete Forms:
   • Fill out the Application and Affidavit to Proceed in Forma Pauperis.
   • The Affidavit of Good Cause (if needed) must also be completed.
3. Sign Forms:
   • Sign the forms in front of a notary public or a justice of the peace. This is done under oath and penalties for false information apply.
   • Notaries can be found in the Yellow Pages or through local directories.
4. File Documents:
   • Submit the signed and notarized fee waiver documents with your complaint to the Court.
5. Eligibility Guidelines:
   • The Court assesses income and asset levels against the eligibility guidelines to determine if the waiver is granted.
   • If income or assets are above the guidelines, unusual expenses may be considered.
6. Review of Complaint:
   • The Court also evaluates whether the complaint is factually, maliciously, or legally frivolous. If so, the waiver may be denied and the action dismissed.

Additional Information: - Court Costs: If you win the case, court costs can be awarded if the case was filed in the county where the defendant resides. Court costs are not awarded if the case is filed outside the defendant's county.

Preparing for Trial

1. Know Your Trial Details:
   • Confirm the exact date and time of your trial and ensure you arrive on time.
2. Notify the Court of Settlements:
   • If your case is settled before the trial date, notify the court in writing to adjust their schedule.
3. Understand the Rules of Evidence:
   • Familiarize yourself with the Delaware Uniform Rules of Evidence and "Questions and Answers About the Rules of Evidence" to ensure compliance.
4. Prepare Your Evidence:
   • Bring all relevant documents, materials, and photos to support your case, including receipts, bills, estimates, or repair costs. If applicable, bring a qualified witness to testify about damages or repair costs.
5. Courtroom Technology:
   • The Court can display electronic files via projector if notified in advance. Accepted file formats include .AVI, .MP4, .MOV, .WMV, .MPEG1, .MPEG2, .MPEG4, .DIVX, .MPG, and .MPEG. Ensure media is virus-free and appropriate.
6. Witnesses:
   • Bring any witnesses who can support your case. Written statements from absent witnesses are not considered due to evidentiary rules. If necessary, subpoena witnesses with a $10 fee per subpoena. File requests for subpoenas at least 5 business days before trial to ensure service.
7. Requesting a Continuance:
   • If you cannot attend, request a continuance in writing or by phone, explaining the reason and whether the other party agrees. Requests within 48 hours of the trial or repetitive requests are often denied unless due to an emergency.
8. Failure to Appear:
   • If you or the other party fails to appear, a non-suit or default judgment may be entered. Ensure your presence or request a continuance as needed.

Judgment Procedures

1. When Default Judgment May Be Entered:
   • If the Defendant fails to appear, plead, or defend the case, and the Plaintiff requests it, a default judgment may be entered.
2. Filing for Default Judgment:
   • If the Defendant does not respond to a debt or trespass action or fails to appear at trial, the Court will send the "Statement of Plaintiff in Support of Default Judgment" (Civil Form No. 13) to the Plaintiff. For deficiency judgments under 6 Del.C. § 9-504, Civil Form No. 13dj may also be used.
   • The "Statement" must be notarized.
3. Limitations on the Judgment Amount:
   • The judgment amount cannot exceed the amount claimed in the complaint. Pre-judgment interest or other claims not specified in the complaint cannot be included in the judgment.
   • In summary possession actions, the amount may be increased to cover the reasonable value of use and occupation from the time the writ of possession is issued until the premises are recovered, if not covered by the rental agreement.
4. Processing the Statement:
   • Once the "Statement" is completed and returned, the Court will decide if a hearing is needed to determine the amount of damages. If a hearing is required, the Court will notify the parties.

Non-Suit Judgments and How to Vacate Them

1. Non-Suit Judgment:
   • A non-suit judgment is entered when a plaintiff fails to appear at the designated trial date and time, despite proper notice.
2. Vacating a Non-Suit Judgment:
   • To vacate a non-suit judgment, the plaintiff must file a motion explaining the reason for their absence.
   • Time Limits for Filing a Motion to Vacate:
     • Summary Possession (Landlord/Tenant) Actions: Within 10 days of the non-suit judgment.
     • Debt, Trespass, and Replevin Actions: Within 15 days of the non-suit judgment, or within 30 days if service was made by certified mail.

Collecting a Judgment

1. Reviving a Judgment:

   • A judgment is valid for five years. To collect beyond this period, it must be revived by scire facias.
   • Process:
     • File a Civil Form No. 15A (Application to Revive a Judgment) and pay the applicable fee.
     • Make four copies of the form (one for your records, the original plus three copies to the Court).

2. Notifying the Court of Satisfaction:

   • Once a judgment is collected, the judgment creditor must notify the Court in writing that it has been satisfied.
   • Failure to do so may result in the judgment debtor suing for an amount not exceeding half the judgment (10 Del. C. § 9567).

3. Methods of Collecting a Judgment:

   a) Agreement by Both Parties: - The plaintiff and defendant may agree on how the judgment will be paid. The Court does not oversee the terms of payment.

   b) Collecting from Defendant's Wages:

   • Wage Garnishment:
     • Complete Civil Form No. 17 (Garnishment of Wages/Property).
     • Include the defendant's employer's details and any previous payments received.
     • File the form with the Court and provide copies to the employer.
   • Employer's Response:
     • The employer must respond within 20 days with details about the defendant's employment and wage garnishment limitations.
   • Legal Limits:
     • Garnishment is limited by Delaware and Federal law. Only one wage garnishment per defendant is allowed.

   c) Collecting from Defendant's Property:

   • Levy on Property:
     • File Civil Form No. 16 (Levy) with the required fee.
     • List specific property if known, and obtain a Certificate of Lien for vehicles from the Division of Motor Vehicles.
   • Exempt Items:
     • Certain items are exempt, such as family Bible, essential clothing, and tools.
   • Nulla Bona:
     • If the constable cannot find property to levy, a "nulla bona" return will be made. An "alias" execution form can be filed for further attempts.
   • Garnishment of Property in Hands of Others:
     • File Civil Form No. 17 (Garnishment) and Form 17B (Answer to Request for Garnishment). d) Requesting a Constable’s Sale:
   • Sale Request:
     • Complete Civil Form No. 22A to request a constable’s sale of the levied property.
     • Notify the Court of the amount still owed and the Court will schedule the sale.

   e) Filing a Lien on Real Property:

   • Process:
     • File a certified transcript of the judgment with the Prothonotary of the Superior Court in any county where the defendant owns property.
     • The lien will be effective from the date of filing and will attach to all real estate owned by the defendant in that county.

Default Judgment

If a default judgment has been entered against a defendant, the defendant may file a motion to vacate the judgment. Here’s how to proceed:

1. Filing the Motion:
   • Form: Use Civil Form 11 (Request for Motion Hearing).
   • Copies: Make four copies of the form if obtained online. Retain one for your records and submit the original plus three copies, along with the filing fee, to the Court. If using a carbonized copy provided by the Court, only one copy is needed for your records.
   • Content: Explain why you failed to respond to the summons or why the default judgment should be vacated.
2. Filing Deadlines:
   • Debt, Trespass, and Replevin Actions:
     • File the motion within 15 days of the default judgment.
     • If service was by certified mail, file within 30 days.
   • Summary Possession Actions:
     • File the motion within 10 days of the default judgment.
3. Exceptional Circumstances:
   • In cases where the default judgment is legally void or has been satisfied or discharged, you may file the motion beyond the standard deadlines. The motion should still be filed within a reasonable time.
4. Further Information:
   • For additional details on vacating default judgments, refer to Justice of the Peace Court Civil Rule 60.

This process allows a defendant to challenge a judgment if they have valid reasons for not responding initially or if there are other justifications for vacating the judgment.

Vacating a Non-Suit Judgment

A non-suit judgment occurs when a plaintiff fails to appear at the scheduled trial date and time. To vacate a non-suit judgment, the plaintiff must:

1. Explain the Failure to Appear:
   • Provide a detailed explanation for why you did not appear at the scheduled time. This explanation should be as thorough and specific as possible.
2. File a Motion:
   • Complete a Civil Form 11 (Request for Motion Hearing). If you obtained the form online, make four copies: one for your records and three to file with the court.
   • If using a carbonized copy of Form 11 supplied by the Court, you only need one copy for your records.
3. File the Motion Within the Required Timeframe:
   • Summary Possession (Landlord/Tenant) Actions: File within 10 days of the non-suit judgment. Debt, Trespass, and Replevin Actions: File within 15 days of the non-suit judgment, or within 30 days if service was made by certified mail.
4. Submit the Motion:
   • Take or mail the original Form 11 plus three copies, along with the filing fee, to the court where the case was filed.

Additional Information:

• Ensure the motion is as detailed and persuasive as possible to increase the chances of it being granted.
• Keep a copy of the filed motion for your records.
• Follow any further instructions or deadlines provided by the court after filing the motion.

How to Appeal

If you disagree with a decision made by the Justice of the Peace Court, you can appeal. The appeal process differs depending on the type of case:

For All Cases Except Summary Possession (Debt, Trespass, and Replevin Cases)

1. Filing Deadline:
   • File the appeal within 15 days from the date of the judgment.
2. Appeal Location:
   • Appeals are heard in the Court of Common Pleas.
3. Steps to Complete the Appeal:
   • Request a Transcript: Obtain a transcript from the Justice of the Peace Court where your case was heard.
   • Pay for the Transcript: Pay the required fee to the Justice of the Peace Court for the transcript.
   • File Required Forms: Complete and file all necessary forms with the Court of Common Pleas.
   • Pay Filing Fee: Submit the filing fee required by the Court of Common Pleas.
4. Legal Representation:
   • Consider hiring a lawyer due to the technicalities involved in the appeal process. Corporations or public bodies must be represented by a lawyer.

For Summary Possession (Landlord/Tenant) Cases

1. Filing Deadline:
   • File the appeal within 5 days from the date of the judgment.
2. Appeal Location:
   • Appeals are heard by a panel of three judges in the same Justice of the Peace Court that issued the original judgment (excluding the original judge).
3. Steps to Complete the Appeal:
   • File Civil Form 32: Complete and file Civil Form 32 (Landlord-Tenant Appeal) with the Justice of the Peace Court. If obtained online, make four copies: one for your records and three for filing. If using a carbonized copy, only one copy is needed for your records.
   • Pay Filing Fee: Include the filing fee with your submission.
   • Cash Bond (if required): You may need to post a cash bond to prevent eviction from taking place.
4. Additional Notes:
   • Filing a motion to reopen the judgment in a summary possession case does not stop the issuance of a writ of possession.

General Tips

• Verify Deadlines: Ensure that you adhere to the specific deadlines for filing appeals to avoid losing your right to appeal.
• Keep Records: Retain copies of all documents and receipts related to the appeal process.
• Seek Legal Advice: Given the complexity of appeals, consulting with an attorney is advisable, especially for cases in the Court of Common Pleas.

Motion for a New Trial

• Filing Deadline:
  • File within 10 days after the judgment date.
• Form Required:
  • Use Civil Form 11 (Request for Motion Hearing). Submit the original plus three copies, and the filing fee.
• Grounds for Motion:
  • New Evidence: Show it is important, could not have been discovered earlier, and is not just repetitive.
• Effect on Appeals:
  • If filed on time, the appeal period is extended until the motion decision.
  • If filed late, the appeal period continues and may expire before the motion is decided.
• Hearing:
  • Usually heard by the original judge. Consider consulting a lawyer for assistance.

Let Squabble Help You With Your Small Claim at New Castle County

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Courthouse Locations:

1. New Castle Clerk of the Peace

   Louis L.Redding City County Building\ 800 N French St.
   Wilmington, DE 19801
   (302) 395-7780
   https://www.newcastlede.gov/123/Clerk-of-the-Peace

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:00 p.m. and closed noon - 1:00 pm, except court holidays.

2. Justice of the Peace Court #11

   2 Penns Way # 100A
   New Castle, DE 19720
   (302) 323-4450
   https://delaware.gov/

   BUILDING HOURS

   • Open 24 hours

3. Justice of the Peace Court #20

   500 N King St
   Wilmington, DE 19801
   (302) 574-1500
   https://courts.delaware.gov/locations/jp20.aspx

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.