Delaware Small Claims Bill of Particulars: When and How to Demand One

What a Bill of Particulars Does

When someone sues you for a debt in Delaware's Justice of the Peace Court and the complaint is vague — just a dollar amount with no breakdown — you have the right to demand specifics before trial. That's what a Bill of Particulars is: a formal request forcing the plaintiff to itemize exactly what they claim you owe.

This tool is available in debt actions only (not trespass or replevin). It's especially useful when you're sued over an unpaid invoice and the numbers don't match your records, or when you genuinely don't know what charges the plaintiff is claiming.

How to Request One

When you fill out your Answer (Civil Form 07 / CF07), select "I Want a Trial" and, in a debt action, check the additional request for a Bill of Particulars. You can also file the demand separately using Civil Form 10C.

The request must be filed within your 15-day answer window. Filing a Bill of Particulars demand is part of your response — it doesn't replace the Answer form, and it doesn't extend your deadline.

What Happens After You File

Under JP Court Civil Rule 26, once the court mails the plaintiff a Notice of Demand for Bill of Particulars (Form 10A), the plaintiff has 15 days to file and serve a written bill stating with particularity the basis for the claim and how the amount demanded was determined. For a contract claim, it must state the contract's date, time, and place, its subject, the alleged breach, the resulting damages, and how those damages were determined. The 15-day period counts the date the court mailed the notice as Day 1.

If the Plaintiff Doesn't Comply

If the plaintiff fails to comply within the 15-day window, you may move for an order compelling compliance. The bill must explain the basis for the claim and the calculation of the amount demanded; the court's stated remedy for noncompliance is a motion to compel.

When It Makes Sense to Use This

A Bill of Particulars is most valuable when:

• The complaint lists a lump sum with no supporting documentation
• You've been sued for an amount that doesn't match your records
• You've made partial payments the plaintiff may not have credited
• The claim bundles multiple invoices or transactions and you need to see the breakdown

It's less useful when the complaint already attaches detailed invoices, contracts, or an itemized ledger. In those cases, you already have the information the Bill of Particulars would provide.

The Bigger Picture

Demanding a Bill of Particulars is one of several defense options available when you're sued in Delaware JP Court. You can also file a counterclaim if the plaintiff owes you money, or raise affirmative defenses at trial.

Our Delaware Small Claims Response Guide covers each of these tools with step-by-step instructions, including how to evaluate which options fit your situation.

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