Delaware eFlex eFiling: How to File Small Claims Online

Delaware's Justice of the Peace Court runs its electronic filing through the eFlex system (governed by Policy Directive 08-232). If you're wondering whether you can file your small claims case online instead of driving to the courthouse, the answer depends on whether you have a lawyer.

Who Must eFIle vs. Who Can Choose

Attorneys: Mandatory eFiling via eFlex for all case documents. If a lawyer is handling your JP Court case, everything goes through the system.

Self-represented (pro se) litigants: eFiling is optional. You can choose between filing electronically through eFlex or filing physical paper documents at the JP Court clerk counter. Most pro se filers still file in person, especially for their initial complaint.

This is a key difference from some other Delaware courts. The Court of Chancery and Superior Court have broader mandatory eFiling rules, but the JP Court kept paper filing available for self-represented parties.

How eFlex Filing Works

If you choose to efile:

1. Create an eFlex account. Access the system through the Delaware Courts website. You'll set up login credentials and provide contact information.

2. Select the correct court and case type. Choose Justice of the Peace Court and the appropriate civil action type (debt, trespass, or replevin).

3. Upload your documents as PDF. This is where people trip up. Interactive court forms (the fillable PDFs from the Delaware Courts website) must be converted to non-editable PDF format before uploading. Use "Print to PDF" or "Save as PDF" from your form viewer — this flattens the fields so the document can't be modified after submission. Uploading an interactive/editable PDF will result in rejection.

4. Pay the filing fee. Follow eFlex's current payment instructions. The listed JP Court fees are $35–$45 for debt/trespass claims and $55 for replevin.

5. Submit and wait for acceptance. The clerk reviews your filing for completeness, correct defendant addresses, and proper fee payment. If everything checks out, you'll receive a case number and judge assignment. If something's wrong, you get a deficiency notice explaining what to fix.

Cutoff Times

Electronic filings submitted after 11:59 PM Eastern are docketed on the next business day. Paper filings received after standard court hours (4:30 PM) follow the same next-day rule.

If you're filing close to a statute of limitations deadline, submit well before midnight. A technical glitch or upload error at 11:55 PM could push your filing to the next day.

When Paper Filing Makes More Sense

For many first-time small claims filers, walking into the courthouse has advantages:

• Immediate feedback: The clerk can spot errors on the spot — a missing signature, a wrong address format, an incomplete attachment. With eFlex, you find out by rejection notice, which costs days.
• Asking questions: Clerks can't give legal advice, but they can confirm you have the right form, explain where to write your claim amount, and tell you whether your fee payment method is accepted.
• No PDF conversion hassle: You fill out the form, sign it, and hand it across the counter with your attachments and payment.

If you're comfortable with digital filing and want to avoid a courthouse trip, eFlex works. If you've never filed anything in court before, the in-person route gives you a safety net against procedural mistakes.

Court Locations for Paper Filing

• New Castle County: JP Court 13, 2 Penns Way, Suite 100B, New Castle, DE 19720
• Kent County: JP Court 16, Dover
• Sussex County: JP Court 17, Georgetown

For the complete filing checklist — covering both eFlex and paper filing paths, with every form and attachment listed in order — the Filing a Small Claims Case in Delaware guide walks through the process step by step.

See more Delaware guides →