Delaware Rule 57 and Form 50: How LLCs and Corporations File Small Claims

If your business is an LLC, corporation, or partnership and you want to sue someone in Delaware's Justice of the Peace Court without hiring a lawyer, you can't just walk in and file. Delaware Supreme Court Rule 57 requires business entities to register a representative first — and skipping that step gets your case dismissed before it starts.

What Rule 57 Requires

Under Rule 57 and 10 Del. C. § 9525, artificial entities — LLCs, corporations, partnerships, and public bodies — cannot represent themselves in JP Court the way individuals can. To appear without a Delaware-licensed attorney, the entity must:

1. Submit Form CF50 (Certificate of Representation) to the Chief Magistrate's Office
2. Designate an authorized representative — must be a bona fide officer, director, full-time employee, manager, or general partner
3. Pay the $20 annual registration fee
4. Get approval before filing — the Chief Magistrate must approve the Form CF50 before the entity files a complaint or answer

That last point is the one that catches most business owners. You cannot file the complaint and the Form CF50 at the same time and hope it works out. The approval must already be in hand.

What Happens Without an Approved Form CF50

If a business entity files a complaint without an active Form CF50 on file, the clerk rejects the filing outright. If a defendant entity files an answer without one, the court may enter default judgment against it — meaning the business automatically loses.

This isn't a technicality the court overlooks. JP Court staff check for active Form CF50 registrations at filing and at the hearing.

Where to File Form CF50

Submit the completed, signed form to the Chief Magistrate's Office:

Office of the Chief Magistrate
5 East Pine Street
Georgetown, DE 19947

You can also file through the eFlex e-filing system. The $20 fee renews annually — set a calendar reminder, because an expired registration has the same effect as no registration at all.

Who Can Represent the Business

The representative must have a genuine role in the entity. A friend, family member, or outside consultant doesn't qualify. Acceptable roles:

• Officer or director (corporations)
• Manager or member-manager (LLCs)
• General partner (partnerships)
• Full-time employee

The same person can represent the entity in multiple cases during the registration year.

Sole Proprietors Are Different

If you operate as a sole proprietor (no LLC, no corporation), Rule 57 doesn't apply to you. You file and appear as an individual. If you operate under a trade name (DBA), name yourself as "Your Name, individually & dba Business Name" on the complaint.

To verify whether someone you're suing is a sole proprietor or a registered entity, check the Delaware Division of Corporations database for corporations and LLCs, and the Prothonotary's Office in the relevant county for trade name registrations.

The Bottom Line

Rule 57 exists to prevent unauthorized legal representation — it's not optional and it's not a rubber stamp. Budget an extra week or two before your planned filing date to get the Form CF50 submitted and approved. The Delaware small claims filing guide walks through the entire Form CF50 process alongside the complaint filing, so nothing falls through the cracks.

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