What Is a Small Claims Court in Delaware?
The Delaware Small Claims Courts is a civil division of the Justice of the Peace Court. Small Claims Courts handle small claims action involving financial settlement that does not exceed $25,000. Per the Justice of the Peace Court Civil Rules, the Small Claims Courts have jurisdiction to hear the following civil matters:
- Debt action
- Trespass action (damages to property)
- Replevin action (return of property)
- Landlord/tenant (summary possession) action.
How Do Delaware Small Claims Courts Work?
Small Claims Court proceedings are less formal and quicker than other Delaware courts. Individuals and businesses may file small claims actions before the court against any individual or business. The person filing a small claims action is the plaintiff, while the party being sued is the defendant. The Judge of the Justice of the Peace Courts presides over a small claims action. The rules and procedures of the Small Claims Courts are easy to interpret, so litigants do not necessarily need the service of an attorney.
However, if the litigants do not understand the legal procedures, the litigants may employ an attorney's service. A corporation, business entity, or public body may only self-represent after filing a Certificate of Representation (Civil Form 50) with the Chief Magistrate. The business must also comply with the other provisions of Supreme Court Rule 57. The defendant must file this certificate before filing a complaint or answering a claim. Also, the Small Claims Court requires the business to pay an annual registration fee of $20.
At the Small Claims Court, parties may present witnesses and evidence such as documents, materials, forms, receipts, or pictures. The other party may cross-examine witnesses presented by either party. Also, the judge reserves the right to question the witness the parties present. At the end of the case, the judgment of the Small Claims Court is binding on all parties. However, if the court's ruling is not in favor of any party, the party may appeal the decision to the Court of Common Pleas of the same county. However, an appeal from a landlord/tenant case must go to a three-judge panel of Justices of the Peace.
The appellant (the party appealing) must file a notice of appeal within 15 days of the delivery of the judgment. Per Court of Common Pleas Civil Rule 72.3(a), appeals to the Court of Common Pleas are "de novo," that is, starting over. If the party appealing is a corporation, there must be a legal representation.
How to Take Someone To Small Claims Court in Delaware
To start a small claims action at the Small Claims Court, the plaintiff must fill out a Small Claims Complaint form, which is also obtainable from the relevant Justice of the Peace Civil Court. In addition to this, the plaintiff may also access the Interactive Complaint form. The plaintiff must either file the small claims action at the county where the defendant resides or where the defendant has a property. For a list of the Small Claims Courts address, use this court directory.
In a debt action, the plaintiff must plead the sum of money the defendant owes specifically. In a complaint about trespass action, the plaintiff must describe the incident, calculate the damages, type, and amount of damages. Also, how the defendant's conduct was improper must be in the complaint form or attached as a letter to the complaint. Replevin actions must contain a detailed description of the act, serial number, and value of the personal property. The landlord in a landlord/tenant (summary possession) must notify the tenant in writing to pay the rent at least five days before filing an action. A landlord seeking rent recovery may file a debt action. The same applies to a tenant seeking to recover a security deposit.
When applying, the plaintiff must name the defendant correctly. The plaintiff must know the exact full name, as well as the defendant's address. For a business, write the owner's name and the company's name. A plaintiff who does not know the name of the defendant or address may address an envelope to the last known address requesting for the new address. If the post office has details on the new address, the office sends it back to the plaintiff. If the Post Office does not have a change of address, the plaintiff receives only the reason for non-delivery.
Alternatively, visit the County Recorder of Deeds Office for a list of property owners' names and locations of properties. The plaintiff may also visit the Delaware Secretary of State's Office for information on Delaware businesses and corporations. While for sole proprietorships and partnerships, visit the Prothonotary's office of the relevant county. The plaintiff may make use of any of the following samples of complaint forms to assist when filing small claims actions:
- Debt actions
- General contract ( sample form and instructions or an interactive interview)
- Return of security deposit (sample form and education or an interactive interview)
- Replevin actions (sample form and instructions or an interactive interview)
- Trespass actions (sample form and instructions or an interactive interview)
- Landlord/tenant (summary possession) actions (sample form and instructions or an interactive interview)
If the plaintiff is a business, corporation, an artificial entity, or a public body appearing pro se, ensure to complete the Certificate of Representation. Upon completion, mail all the relevant forms and documents to the Small Claims Court for filing. At the time of filing, the Small Claims Court requires the plaintiff to pay the filing fee. If the plaintiff sends the complaint form via mail, the plaintiff must enclose a check or money order payable to the relevant Clerk of Court. A plaintiff who may not afford a filing fee may apply for a fee waiver by filling the In Forma Pauperis Application and any other necessary forms.
When the plaintiff concludes filing, the court has to serve the court processes on the named defendant. Sometimes, the plaintiff may effect service after duly informing the court or if the defendant is an out-of-state resident (including a corporation). It is important to note that there are special procedures when serving defendants who are out-of-state residents, an insurance company, or corporations, or limited partnerships. Special procedures also apply to the State of Delaware and its agents. Using the special process server attracts additional charges. If the court cannot serve the complaint form on the defendant, the court sends a notice to plaintiff of the reasons for non-service of the small claims complaint form.
After confirmation of service on the defendant, the Clerk of Court sets a trial date. If a party cannot come to court on a trial date, the party may need to seek a postponement to another date. Such a litigant must file a Continuance Request form at least 48 hours before the trial date, and Ihe form must state the reasons.
On the trial date, the parties (plaintiff and defendant) make brief opening statements and go ahead to prove their respective cases. The plaintiff presents their case first, then the defendant follows. After reviewing the parties' cases, the judge enters judgment. Usually, the parties receive the court's decision within 30 days. A party dissatisfied with the Small Claims Court decision may file an appeal to the appropriate court.
How Much May You Sue For in Delaware Small Claims Court?
A plaintiff may only file a small claims action at a Delaware Small Claims Court if the claim does not exceed $25,000. Although an individual or business may bring an action of over $25,000, the plaintiff may not get a judgment over $25,000. It is because the excess claim is deemed waived by the plaintiff.
How to Defend Yourself in Delaware Small Claims Court
After receiving a plaintiff's complaint form and the summons, the defendant must complete an answer on Form 7 within 15 days of receipt for a debt or trespass action. The form gives the defendant an option to admit the plaintiff's claims and agrees that the court enters judgment. Another option is for the defendant to apply for a trial date to refute the plaintiff's claim. Sometimes, the defendant may demand that the plaintiff, in a debt action, provide a more detailed statement using the Bill of Particulars claim. The defendant must file J.P. Civil Form 10C with the court where the case is pending to demand the Bill of Particulars. The plaintiff must within 15 days serve the bill of Particulars using the Bill of Particulars form (CF10BP) on the defendant.
The Small Claims Court does not require the defendant to file an answer for replevin and summary possession actions. Note that the plaintiff or the defendant may request a jury trial in writing in a summary possession action. For a defendant requesting a jury trial, it has to be within ten days of service of the complaint form. Also, the defendant may file a counterclaim if the plaintiff is owing them by filing form CF01CC.
Sometimes, the defendant may file a third-party action against the party, which may be directly liable for all or part of the damages that the plaintiff is seeking. The defendant must file this action five days before the small claims action trial date. At the trial, the defendant presents a case by tendering evidence and calling witnesses (if any). After presenting the defense to the plaintiff's claims, the defendant makes a closing statement and awaits the Small Claims Court's judgment.
How Long Do You Have to Take Someone to Small Claims Court in Delaware?
Chief Justice of the Delaware Supreme Court, through Standing Order No.4, temporarily suspended the statutes of limitations. However, prior to the suspension, a plaintiff has to file a debt action within three years, or two years for small claims action pertaining to property damages.
What Happens if You Don't Show up for Delaware Small Claims Court?
If the defendant fails to answer where necessary or fails to appear on the trial date to defend the case, the plaintiff may request a default judgment. When this happens, the Small Claims Court sends a Statement of Plaintiff in Support of Default Judgment to the plaintiff. The plaintiff must notarize this form upon completion. When the court receives the form, it may enter the judgment without hearing. The judgment sum for a default judgment may only include the money the plaintiff is claiming in the complaint form.
However, in a summary possession, the judgment sum may consist of the time within which the party files a complaint form and the actual recovery of the premises. If the plaintiff fails to appear on the trial date, the court enters a non-suit judgment against the plaintiff.
What are Delaware Small Claims Court Records?
Per the Delaware Freedom of Information Act, all Delaware court records are public records. As a public record, the general public may access small claims information that is not confidential by law. Accessible information in a small claims case includes the parties to the case, money claimed, and the court's judgment. Also, a Delaware small claims decision reflects on the losing party's credit report (judgment debtor).
Where May I Find Delaware Small Claims Court Records?
Each Justice of the Peace Court may retain the method to access Delaware courts records. However, the requestor must complete the application for access to court records. In the form, the requester must signify the mode of receiving the record, which may be via mail, email, fax, or in person. The request must include sufficient details to identify the desired case file; for instance, the party's name, the case number, and other information that may help the court locate the selected record. The requesters may need to pay all necessary copying fees. Alternatively, the requester may resort to a third-party site where the requester may input parties' name, city, and state of any of the parties in the case.
