Small Claims Court in Sussex County

In Sussex County, PA small claims cases are filed in the Justice of Peace Court. Sussex County has one Justice of Peace Court that handles 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 Sussex Court System.

Small Claims Court

The Justice of the Peace Court has a maximum award limit of $25,000. If your claim exceeds this amount, you can still file in the court as long as you agree to limit your request to $25,000. However, by choosing this option, you will forfeit your right to any amount over $25,000.

Cases Handled

Types of Civil Cases in the Justice of the Peace Court

• Debt Actions: Claims for money owed, including:
  • Unpaid loans
  • Money for purchases
  • Incomplete or poorly done work
  • Unpaid rent and unreturned security deposits
• Trespass Actions: Claims for damage to property due to:
  • Intentional or negligent actions
  • Examples include car accidents, damage to homes, lawns, or personal items
  • Must include details about the incident and damages when filing a complaint
• Replevin Actions:
  • Recover personal property wrongfully withheld by someone else
  • Requires a detailed description, serial number, and value of the item
• Landlord/Tenant (Summary Possession) Actions:
  • Landlords can file for possession due to unpaid rent or property misuse
  • Claims for both back rent and possession can be combined; otherwise, file a debt action for unpaid rent only
  • Tenants can file if wrongfully denied access to the property; security deposit claims should be debt actions
  • Landlords must give tenants written notice to pay rent (5 days) or correct misuse (7 or 10 days for mobile homes) before filing

Who can File

Filing a Claim:

• Who Can File a Claim:
  • Generally, only the person directly involved in the contract or who has been harmed can file a claim.
• Appointing a Representative:
  • You can appoint someone familiar with your case to file on your behalf using the court’s Authorized Representative Form.
  • Both you and the appointed representative must complete and sign this form.
  • The form is available for download on the court’s website.
• Fees:
  • Filing a claim and serving papers incur fees.
  • If you cannot afford to pay these fees, you may be eligible for a waiver for the initial filing fee.
  • To qualify, you must demonstrate your financial situation.

How to Name a Defendant

• Importance of Accuracy: It’s crucial to name the defendant correctly since you can only collect from parties whose names match exactly with those on your claim.
• Required Information:
  • Know the full name and correct address of the party being sued.
  • Identify the legal status: individual, sole proprietorship, corporation, partnership, limited liability company, association, estate, or trust.
• Suing an Individual:
  • Include the first name, middle initial (if known), and last name.
• Suing a Sole Proprietorship:
  • Name both the owner and the company.
  • Include the owner as an individual to increase collection chances.
  • Use "dba" (Doing Business As) between the owner’s name and the company name if applicable.
  • Example: John A. Doe, individual & dba Delaware Donuts.
• Suing a Married Couple:
  • Include both full names.
  • Example: John A. Doe and Mary B. Doe(they will be served separately).
• Suing a Corporation:
  • Write the corporation’s name clearly.
  • Example: John's Donuts, Inc.
• Suing a Division or Subsidiary: -Example: Doe Corporation, doing business as "John's Donuts."

How to Locate a Person or Business

Importance of Correct Information:

• Having the correct name and address of the defendant is crucial for the Court to serve them with notice of the lawsuit.
• Prefer street addresses over P.O. boxes.
• For summary possession actions, the address of the rental unit is required.

Locating a Person:

• If you cannot find the person you want to sue, consider the following steps:
  • Send an envelope to their last known address, stating "Address Service Requested" several lines below your return address.
  • The Post Office will take the following actions based on the duration since the last known address:
    • Months 1-12: Forwarded mail with a notice of the new address provided to the sender.
    • Months 13-18: Mail returned with the new address attached.
    • After Month 18: Mail returned with the reason for non-delivery.
  • If the Post Office has no change of address, the mail will be returned with a non-delivery reason attached.
• County Recorder of Deeds Office:
  • Maintains a listing of property owners by name and their property locations.
  • Locations include:
    • New Castle County: 800 French Street, 4th Floor, Wilmington, DE 19801, (302) 395-7700
    • Kent County: Kent County Levy Court Administrative Complex, 555 Bay Road, Dover, DE 19901, (302) 744-2300
    • Sussex County: 2 The Circle, Georgetown, DE 19947, (302) 855-7785
• Using a Phone Number:
  • If you only have a listed telephone number, the Cross Directory can provide the address.

Locating Businesses:

• Corporations:
  • The Secretary of State's Office maintains information on Delaware corporations and those qualified to do business in Delaware. You can contact them at (302) 739-3073 for assistance.
• Sole Proprietorships and Partnerships:
  • The Prothonotary's Office in each county maintains a list of owners of businesses operating under a different name.
  • Contact information for Prothonotary's Offices:
    • New Castle County: Leonard L. Williams Justice Center, 500 N. King Street, Wilmington, DE 19801, (302) 255-0823
    • Kent County: Kent County Courthouse, 38 The Green, Dover, DE 19901, (302) 739-3184
    • Sussex County: Sussex County Courthouse, 1 The Circle, Ste 2, Georgetown, DE 19947, (302) 856-5742

Note: Court clerks cannot assist you in locating a person or business.

How to Fill Out and File a Complaint

Before Filling Out Your Complaint:

• Determine Claim Type and Amount:
  • Ensure your claim can be handled in the Justice of the Peace Court. Remember the specific type of claim for filling out the complaint.
• Obtain Correct Information:
  • Use the correct name and address of the defendant.
  • Determine if anyone else needs to be named for service, especially when suing corporations, insurance companies, or government entities.
• Obtain the Complaint Form:
  • Use Civil Form No. 1, available at any Justice of the Peace Civil Court or downloadable online.
  • An interactive complaint form is also accessible.

Filling Out the Complaint:

• Use the same form for all types of civil complaints, but be aware of specific requirements for certain actions (e.g., statutory requirements and landlord/tenant notice requirements).
• Familiarize yourself with the requirements for your specific action. Sample complaints and instructions are available for various types of claims, including:
  • Debt actions (payment of money)
    • General contract sample and instructions
    • Return of security deposit sample and instructions
  • Replevin actions (return of property)
  • Trespass actions (damages to property)
  • Landlord/tenant (summary possession) actions

After Completing the Complaint:

• If using a downloaded form, make four copies of the complaint and attachments; keep one for your records.
• Submit the original plus three copies and the filing fee to the Court. If mailing, include a check or money order for the filing fee.
• If using a carbonized copy from the Court, you only need one extra copy for your records.

Filing Requirements:

• If filing on behalf of a business that files five or more cases a year, e-filing is required. Obtain free e-filing training from the Court.
• For summary possession cases, file in the court nearest the rental property.
• For other cases, you may need to file in the county where the defendant resides to recover court costs.

Fee Waivers:

• If you cannot afford the filing fee, request a fee waiver by obtaining an in forma pauperis application from the Court or downloading the necessary forms.

Additional Filing Requirements:

• If suing on behalf of a corporation or entity without a lawyer, file a Certificate of Representation (Civil Form 50).

Serving the Complaint:

• After filing, the complaint must be served on the defendant. Refer to the section on service of process.

After Filing and Serving:

• You will receive a notice from the Court regarding the trial date. If you fail to appear, a nonsuit judgment may be entered against you.
• If you cannot attend, notify the Court immediately in writing and request a continuance. Faxing this request is also acceptable.

Debt Actions:

• In debt actions, the defendant may request a bill of particulars after receiving the complaint. This document outlines the basis for the claim and how the amount was calculated.
• Complete the bill of particulars with a notarized affidavit and file it with the Court within 15 days, sending a copy to the defendant.

Service of Process

General Procedures:

• After filing your complaint with the Court, the Court will attempt to serve the defendant unless you request to hire a special process server or are suing an out-of-state resident.
• Cost of Service:
  • The cost for service by the Court is included in the filing fee.
  • Additional fees apply for serving out-of-state residents, corporations, limited partnerships, or the State of Delaware and its agencies or officers.
  • If using a special process server, you will need to pay the server's fee in addition to the filing fee.
• Failure to Serve:
  • If the Court cannot serve the complaint, you will receive a Notice of Failure to Serve Complaint (Civil Form No. 9), stating the reason for the failure (known as a "non est" return of service).
  • If you obtain additional information about the defendant's location, you must file an "alias" request for service (a second attempt after the first has failed).
  • There is an additional fee for issuing alias summons, and a new complaint form (J.P. Civ. Form No. 1) is required to initiate this process.
• Special Procedures Apply When Suing:
  • Corporations: Follow specific protocols for serving corporate entities.
  • Defendants Not Located in Delaware: There are unique procedures for out-of-state defendants.
  • Insurance Companies: Additional requirements for serving insurance companies must be followed.
  • The State: Special protocols are in place for serving the State of Delaware and its agencies or officers.

Court Fees

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

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

Third/Fourth/Fifth Party Action:

• Less than $1,000: $35
• $1,000 - $5,000: $40
• Exceeds $5,000: $45
• Distress for Rent Claim: $60
• Third/Fourth/Fifth Party Action: $60
• Execution (Wage Attachment/Levy): $30
• Garage Keeper Case: $45
• Landlord/Tenant: $45
• Appeal to 3-Judge Court: $60
• Third/Fourth/Fifth Party Action: $45
• Motion to Vacate a Default/Nonsuit Judgment: $15
• Replevin Action: $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

Third/Fourth/Fifth Party Action:

• Less than $1,000: $35
• $1,000 - $5,000: $40
• Exceeds $5,000: $45

Court Costs and Fee Waiver Application

• Court Costs:
  • If the Plaintiff (the person who files the case) wins, the court may award court costs, in addition to:
    • Principal claim
    • Interest
    • Other relief requested
  • If the Plaintiff files the case outside the county where the Defendant (the person against whom the claim is made) resides, court costs will not be awarded.

How to File an Application for a Waiver of Court Fees

1. Obtain Necessary Forms:
   • Download or get forms from the Court.
   • Complete the Application and Affidavit to Proceed in Forma Pauperis (Civil Form 49).
   • If previously instructed by a Delaware Court not to file future claims without permission, complete the Affidavit of Good Cause (Civil Form 49A).
2. Sign Before a Notary:
   • Sign the application and Affidavit of Good Cause (if applicable) in front of a notary public or a justice of the peace.
   • Signing affirms that the information is true, under penalty of perjury.
3. File Documents:
   • Submit the signed and notarized fee waiver documents with your complaint to the Court.
4. Income Eligibility Guidelines:
   • Review the Income Level for Individuals Eligible for Assistance to determine if you meet the income and asset guidelines for assistance.
   • If income and assets are at or below guidelines, the Court generally approves the application.
   • If above the guidelines, the Court will assess unusual necessary expenses.
5. Court Review:*
   • The Court will review the application based on:
     • Income and asset levels
     • Nature of the complaint (to ensure it’s not frivolous, malicious, or without legal merit).
   • If deemed frivolous or malicious, the Court may deny the waiver and dismiss the action.

Preparing for Trial

• Know Your Trial Details:
  • Confirm the exact date and time of your trial.
  • Arrive on time.
• Notify the Court of Settlements:
  • If your case settles before the trial date, inform the court in writing to adjust their schedule.
• Understand the Rules of Evidence:
  • Familiarize yourself with the Delaware Uniform Rules of Evidence.
  • Review "Questions and Answers About the Rules of Evidence" to ensure compliance.
• Prepare Your Evidence:
  • Bring all relevant documents, materials, and photos to support your case, including:
    • Receipts
    • Bills
    • Estimates
    • Repair costs
  • If applicable, bring a qualified witness to testify about damages or repair costs.
• Courtroom Technology:
  • Notify the Court in advance if you wish to display electronic files via projector.
  • Accepted file formats include:
    • .AVI
    • .MP4
    • .MOV
    • .WMV
    • .MPEG1
    • .MPEG2
    • .MPEG4
    • .DIVX
    • .MPG
  • Ensure media is virus-free and appropriate.
• Witnesses:
  • Bring witnesses who can support your case.
  • Note that written statements from absent witnesses are not considered due to evidentiary rules.
  • If necessary, subpoena witnesses for a $10 fee per subpoena.
  • File requests for subpoenas at least 5 business days before trial to ensure service.
• Requesting a Continuance:
  • If you cannot attend, request a continuance in writing or by phone, explaining the reason and whether the other party agrees.
  • Be aware that requests within 48 hours of the trial or repetitive requests are often denied unless due to an emergency.
• 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

• When Default Judgment May Be Entered:
  • A default judgment may be entered if the Defendant fails to appear, plead, or defend the case, and the Plaintiff requests it.
• 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 Plaintiff the "Statement of Plaintiff in Support of Default Judgment" (Civil Form No. 13).
  • For deficiency judgments under 6 Del.C. § 9-504, Civil Form No. 13dj may also be used.
  • The "Statement" must be notarized.
• 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.
• 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

• 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.
• 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 daysif service was made by certified mail.

Collecting a Judgment

Reviving a Judgment:

• Validity Period: A judgment is valid for five years. To collect beyond this period, it must be revived by scire facias.
• Process:
  1. File Civil Form No. 15A (Application to Revive a Judgment) and pay the applicable fee.
  2. Make Four Copies:- ** Retain one for your records, and submit the original plus three copies to the Court.
• Notifying the Court of Satisfaction:
  • Once a judgment is collected, the judgment creditor must notify the Court in writing that it has been satisfied.
  • Consequences of Failure: If the creditor fails to notify the Court, the judgment debtor may sue for an amount not exceeding half the judgment, as outlined in 10 Del. C. § 9567.

Methods of Collecting a Judgment

a) Agreement by Both Parties: - The plaintiff and defendant may agree on how the judgment will be paid. - Note: 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 details about the defendant's employer 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 from levies, such as:
  • Family Bible
  • Essential clothing
  • 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; the Court will schedule the sale.

e) Filing a Lien on Real Property: - Process: 1. File a certified transcript of the judgment with the Prothonotary of the Superior Court in any county where the defendant owns property. 2. 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 Procedures

If a default judgment has been entered against a defendant, they may file a motion to vacate the judgment. Below are the steps 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 to the Court.
  • If using a carbonized copy provided by the Court, only one copy is needed for your records.
• Content:
  • The motion must explain why you failed to respond to the summons or provide valid reasons for 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. - 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.

3. Further Information - For additional details on vacating default judgments, refer to Justice of the Peace Court Civil Rule 60.

How to Appeal

If you disagree with a decision made by the Justice of the Peace Court, you have the right to appeal. The process varies based on the type of case.

For All Cases Except Summary Possession (Debt, Trespass, and Replevin Cases)
1. Filing Deadline

• Timeframe: You must file the appeal within 15 days from the date of the judgment issued by the Justice of the Peace Court.

2. Appeal Location

• Court: Appeals are heard in the Court of Common Pleas.

3. Steps to Complete the Appeal

a. Request a Transcript

• Action: Obtain a transcript of the proceedings from the Justice of the Peace Court where your case was originally heard.

b. Pay for the Transcript

• Fee: Pay the required fee to the Justice of the Peace Court for the transcript. Ensure you keep a record of this payment.

c. File Required Forms

• Documentation: Complete and file all necessary forms with the Court of Common Pleas. This may include:
  • Notice of Appeal
  • Any additional forms as specified by the Court.

d. Pay Filing Fee

• Action: Submit the filing fee required by the Court of Common Pleas. Be sure to check the current fee schedule as fees may vary.

Summary The appeal process is time-sensitive and involves several steps, including obtaining a transcript and filing the necessary forms with the Court of Common Pleas. Engaging legal counsel is strongly recommended to navigate the complexities of the appeals process effectively. Ensure that you adhere to the deadlines to preserve your right to appeal.

Courthouse Location:

Justice of the Peace Court 17 - Sussex County

23730 Shortly Road
Georgetown, DE 19947
(302) 856-1447
https://courts.delaware.gov/locations/jp17.aspx

BUILDING HOURS

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

Let Squabble Help You With Your Small Claim at Sussex County

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