Delaware Small Claims Forms - Delaware Small Claims Court

Delaware Small Claims Court FAQ How To File A Small Claims Suit

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Small Claims Court In Delaware

  • Is suing someone worth it?

    Deciding whether to sue someone is a significant step and should be considered carefully. Evaluating the potential outcomes, the likelihood of winning, and the expenses involved is essential. Small claims court, especially with the help of Delaware Small Claims Forms, allows you to pursue claims without extensive legal fees. Ultimately, weigh the costs against your objectives to determine if it's a path worth taking.

  • What is the lowest amount for small claims court?

    In Delaware, the minimum amount for filing a small claims case typically starts at around $30, but this may vary by jurisdiction. It's important to check the specific limits established by your local court. Using proper Delaware Small Claims Forms ensures that you comply with these regulations and avoid delays in your case. Make sure to validate your claim amount before proceeding.

  • What percentage of people win in small claims court?

    Winning in small claims court depends on various factors, including the strength of your evidence and legal arguments. Statistically, individuals who present clear cases often see higher success rates, but it’s crucial to prepare thoroughly. Utilizing Delaware Small Claims Forms can help you organize your case effectively. Remember, each case is unique, so focus on presenting your facts clearly and confidently.

  • How do I file a small claims case against someone out of state?

    Filing a small claims case against someone out of state can be complex, but it's manageable. You typically start by checking if the court accepts Delaware Small Claims Forms for out-of-state claims. Next, gather all necessary documentation and evidence before submitting your forms to the appropriate court in Delaware. Consider using uslegalforms to easily access the necessary forms and guidance.

  • Can you sue for emotional distress in small claims court?

    Suing for emotional distress is generally not allowed in small claims court as these claims often require substantial proof and legal interpretation. Most small claims courts focus on straightforward financial debts and disputes. If you're considering filing a claim, utilize Delaware Small Claims Forms for issues more aligned with financial restitution. Keeping your claims relevant increases your chance of success.

  • What can you not sue for in small claims court?

    You cannot sue for personal injury claims, defamation, or cases involving large amounts like class action lawsuits in small claims court. Additionally, most courts do not handle issues that require extensive legal interpretation. If you're unsure, consider using Delaware Small Claims Forms to determine what types of cases they accept. Knowing the limitations will help you avoid unnecessary complications.

  • What is the best evidence for small claims court?

    The best evidence for small claims court includes documents, photographs, emails, and witness testimonies that support your claim. It’s crucial to present clear and organized evidence to strengthen your case. If you are filing with Delaware Small Claims Forms, include copies of all relevant documentation to bolster your argument. Strong evidence can turn the tide in your favor.

  • What is the maximum I can claim in the small claims court?

    The maximum claim amount in small claims court varies by state. In Delaware, the limit can be up to $15,000, allowing you to file claims for significant amounts. For a smooth process, ensure you utilize Delaware Small Claims Forms to structure your claim correctly. This will not only help you adhere to rules but also enhance your chances of a successful outcome.

  • Which of the following case types does small claims court not hear?

    Small claims court generally does not hear cases involving divorce, child custody, or landlord-tenant disputes. These matters require different legal handling and cannot be resolved through small claims. For other types of disputes, you can file using Delaware Small Claims Forms to streamline your case presentation. Knowing which cases are excluded will help you avoid wasting your time.

  • What is the small claims limit in North Carolina?

    In North Carolina, the small claims limit is currently $10,000 for most claims, excluding interest and costs. This limit makes small claims court an accessible avenue for recovering debts and disputes. If you are in Delaware and seeking similar resolutions, remember to use Delaware Small Claims Forms for your claims. Understanding the limits of your jurisdiction can make a big difference.