Delaware Small Claims Court Forms: Every Form You Need to File

Delaware's Justice of the Peace Court uses a specific set of numbered civil forms. Filing the wrong one — or missing one entirely — gets your paperwork sent back. Here's every form you may need, what it does, and when it's required.

The Core Filing Form

Civil Complaint — Form CF01 is the document that starts your case. It captures your name and address, the defendant's name and address, the facts of your claim, the amount you're seeking, and the legal basis (debt, trespass, or replevin). You attach supporting documents — contracts, invoices, photos, cancelled checks — directly to CF01.

If your case involves more than two plaintiffs or two defendants, you'll also need Form CF01AP (Additional Parties Attachment) to list the extras.

Forms for Specific Situations

Counterclaim / Crossclaim — Form CF01CC. Filed by a defendant who claims the plaintiff owes them money from the same transaction. Must be filed and served on the plaintiff at least 5 days before trial, excluding weekends and legal holidays.

Certificate of Representation — Form CF50. Required if you're filing or defending as a business entity (LLC, corporation, partnership) without a lawyer. Under Delaware Supreme Court Rule 57, the entity must submit Form CF50 to the Chief Magistrate's Office with a $20 annual fee before filing or answering. Without an approved CF50, the clerk rejects the complaint or the court enters default judgment against you.

In Forma Pauperis — Form CF49. The fee waiver application. The court reviews your income, assets, and expenses; if approved, the waiver covers filing and constable service fees.

Certificate of Service — Form MISC 27C. Proof that you served documents on the other party. Used when you handle service yourself for counterclaims or other filings that the court doesn't serve on your behalf.

Affidavit of Non-Military Service — Form 405. Required when requesting a default judgment. You certify under oath whether the defendant is on active military duty — the Servicemembers Civil Relief Act prohibits default judgments against active-duty personnel without court-appointed counsel.

Continuance Request — Form 08CR. Asks the court to reschedule the hearing. Must state the specific reason and whether the opposing party consents.

Subpoena — Form CF58. Compels a witness or document custodian to appear at the hearing. Costs $10 per subpoena and must be served 7–10 days before trial.

Where to Get the Forms

All JP Court civil forms are free on the Delaware Courts website at courts.delaware.gov/forms. You can also pick up paper copies at any JP Court clerk's office.

If you file through the eFlex e-filing system, convert interactive PDF forms to flat (non-editable) PDF before uploading.

Privacy Redaction Rules

Before filing any attachments, redact:

• Social Security numbers (show last 4 digits only)
• Financial account and credit card numbers (last 4 digits or remove entirely)
• Dates of birth (show year only)

Attachments become part of the public court record. Anything you don't redact is visible to anyone who pulls the file.

Filling Out Form CF01

The complaint form asks for specific information that trips up first-time filers. You need the defendant's exact legal name — not a nickname, not just a business trade name. For LLCs and corporations, verify the registered name through the Delaware Division of Corporations database. For sole proprietors using a DBA, name them as "John Smith, individually & dba Smith's Repair Shop."

The Delaware filing guide walks through every line of CF01 and the other forms, with instructions on what to write and what to attach.

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