Delaware Small Claims Counterclaim: How to File Form CF01CC

You've been sued in Delaware JP Court, but you believe the plaintiff actually owes you money. Maybe a contractor sued you for the balance, but the work was defective and you spent more to fix it. Or a landlord claims back rent, but they never returned your security deposit. Instead of just defending, you can go on the offensive with a counterclaim.

What Is a Counterclaim in JP Court

A counterclaim is a separate monetary claim filed by the defendant against the plaintiff within the same case. In Delaware's Justice of the Peace Court, you file it using Form CF01CC (Counterclaim / Crossclaim Form). The court hears both the original claim and your counterclaim at the same trial — the judge resolves everything in one proceeding.

Your counterclaim must arise from the same transaction or set of facts as the original suit. The plaintiff sued you over a home renovation contract? You can counterclaim for the cost of fixing their defective work. A former landlord is suing for property damage? You can counterclaim for the unreturned security deposit.

The counterclaim must also fall within the JP Court's $25,000 jurisdictional ceiling. If your counterclaim exceeds that, you'd need to either waive the excess or pursue it in a higher court.

The Filing Deadline

This is the critical detail most defendants miss: the counterclaim must be filed and served on the plaintiff at least 5 calendar days before the trial date, excluding weekends and legal holidays.

That's a narrow window. If your trial is scheduled for a Thursday, your counterclaim needs to be filed and served by the prior Thursday (assuming no holidays in between). Waiting until the week of trial is too late.

File the counterclaim at the same JP Court where the original case was filed. The confirmed $35–$45 fee tiers apply to debt and trespass complaints; confirm any counterclaim fee with the JP Court before filing.

Serving the Counterclaim

After filing Form CF01CC, you must serve a copy on the plaintiff and file proof that you did so. Use Form MISC 27C (Certificate of Service) as the notarized proof-of-service affidavit.

Use the court's current instructions for the service method. File Form MISC 27C with the court before the hearing as proof of service. Without proof, the judge may not consider your counterclaim.

If You're the Plaintiff Facing a Counterclaim

When a counterclaim lands on you, your role flips: you're now also a defendant on their claim. Prepare evidence to defend against the counterclaim just as you would for the original suit.

The judge will hear both sides at the same hearing. You present your case first (you're the original plaintiff), the defendant presents theirs and their counterclaim, and both sides get to cross-examine. The judge can award money to either party — you might win your claim but lose on the counterclaim, or vice versa.

Business Entities Filing Counterclaims

If the defendant is an LLC, corporation, or partnership, Rule 57 still applies. The entity must have an approved Certificate of Representation (Form CF50) on file with the Chief Magistrate before filing the counterclaim. An entity that files a counterclaim without Form CF50 approval risks having it struck or the court entering a default.

Strategic Considerations

A counterclaim changes the dynamics of a case. Plaintiffs expecting a straightforward hearing now face a cross-claim they have to defend. This frequently pushes both sides toward settlement, since neither party knows how the judge will rule on both claims.

If you're considering a counterclaim, gather your evidence early. You need the same documentation as a regular complaint: contracts, invoices, photos, communications, and a specific dollar amount with a clear calculation.

The Filing a Small Claims Case in Delaware guide covers both sides of this process — filing a counterclaim as a defendant and responding to one as a plaintiff — with the complete form checklist and deadline calendar.

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