How to Answer a Civil Complaint in Delaware JP Court

What the Answer Form Actually Does

Delaware's Justice of the Peace Court uses Civil Form 07 (CF07) as the official Answer to a civil complaint. When you file this form, you're telling the court whether you dispute the claim or admit it; in debt cases, you can also request an itemized breakdown of what the plaintiff says you owe.

Filing your Answer costs nothing. There is no filing fee for Form 07 itself, though e-filing through eFlex adds a $1.25 technology surcharge per document.

The form's two main options are:

• "I Want a Trial" — You dispute the claim. The court schedules a hearing where both sides present evidence.
• "I Admit the Claim" — You accept full liability. The court enters judgment for the plaintiff without a trial. You lose the right to appeal.

In a debt action, you may also check the Bill of Particulars request under the "I Want a Trial" option. It is an additional request, not a separate answer option.

Most defendants responding to contractor disputes, property damage claims, or car sale arguments will check "I Want a Trial."

How to Fill Out Civil Form 07

Download the form from the Delaware Courts website or use the blank copy included in your service packet. Complete every field:

1. Case caption — Copy the court number, case number, and party names exactly from the Summons you received.
2. Your defense selection — Check one box. If you dispute the claim, check "I Want a Trial."
3. Contact information — Current mailing address and phone number. The court uses this to mail hearing notices.
4. Signature — Sign and date the form. An unsigned Answer may be rejected.

If you're responding on behalf of an LLC, corporation, or other business entity, you need an approved Certificate of Representation (Form 50) and a $20 annual registration fee filed with the Chief Magistrate's Office in Georgetown before the court will accept your Answer.

How to Submit Your Answer

You have three submission options:

• In person — Hand-deliver to the JP Court clerk's window at the court listed on your summons.
• Mail — Send via certified mail. The form must arrive at the clerk's office within 15 days, not just be postmarked by then.
• eFlex — Delaware's electronic filing system. It is available if you register; self-represented litigants who have filed more than 10 civil actions in JP Court must e-file.

After filing with the court, serve a copy on the plaintiff or the plaintiff's attorney. Keep proof that you did — a certificate of mailing or hand-delivery receipt works.

The 15-Day Deadline Is Strict

Your Answer must reach the court within 15 calendar days from the date you received the papers. Not 20 days (that's the Court of Common Pleas and Superior Court), not 30 days. Civil Form 07 says it explicitly: "This signed document must be received by the Court within 15 days after the date you received it or a default judgment may be entered against you."

If day 15 falls on a Saturday, Sunday, or court holiday, the deadline extends to the next business day. But don't count on that cushion — file as early as possible.

Missing this deadline puts you at risk of a default judgment, where the court rules against you without a hearing.

What Happens After You File

Once your Answer is on record, the court schedules a trial hearing — typically 30 to 60 days out. You'll receive a notice with the date, time, and location (or Zoom link for virtual hearings).

Use that window to gather your evidence: contracts, invoices, photos, text messages, and any witnesses. Prepare three physical copies of everything — one for the magistrate, one for the opposing party, and one for yourself.

If you also want to file a counterclaim against the plaintiff, that requires a separate form (Form 01CC) filed at least five days before trial, along with a $35–$45 filing fee and proof of service. The Answer itself doesn't include counterclaims.

For the complete defendant's workflow — from reading your summons through filing your Answer to preparing for the hearing — our Delaware Small Claims Response Guide walks you through every step with deadline calculators and form-by-form instructions.

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