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If you filed a Petition and the Respondent(s) has not yet answered/filed an appearance, you may file a Voluntary Dismissal of Civil Action (Form 297). On this form, you must state the reasons why you want to dismiss your case. A Judge or Commissioner will review the voluntary dismissal.

Yes. Evictions are heard in Delaware Justice of the Peace Court. The small claims division is also an excellent forum for other types of cases typically brought in small claims courts, such as property damage matters and breach of contract disputes.

If the amount you are suing for is greater than $75,000.00, you must file your case in Superior Court. If the amount you are suing for is $15,000.00 or less, you may file either in the Justice of the Peace Court or in the Court of Common Pleas.

FORM NO. 50 MUST BE COMPLETED, NOTARIZED AND FORWARDED TO THE CHIEF MAGISTRATE, 5 EAST PINE STREET, GEORGETOWN, DELAWARE 19947, ALONG WITH THE $20.00 ANNUAL REGISTRATION FEE. EFILERS ARE REQUIRED TO SUBMIT THEIR NOTARIZED APPLICATION VIA EFILING TO THE CHIEF MAGISTRATE'S OFFICE EFILING LOCATION.

You may use Civil Form CF01CC titled Counter/Cross Claim. The written statement or form CF01CC must be filed with the Court and a copy should be delivered or mailed to the Plaintiff. With the Court's copy, you must file a notarized affidavit stating how and when you served the Plaintiff's copy.

- A counterclaim or crossclaim of which any party may be aware prior to the commencement of the trial on the plaintiffs claim, should be filed by the party in writing no later than five (5) days prior to the time and date of trial.