Delaware Small Claims Fee Waiver: How to File In Forma Pauperis (Form 49)

Filing fees in Delaware JP Court run between $35 and $55. That's already low compared to higher courts, but if you're pursuing a small claims case precisely because you can't afford a lawyer, even $35 can be a barrier. Delaware's in forma pauperis (IFP) process lets you apply for a fee waiver, and the application form takes about 15 minutes to complete.

The Application: Form CF49

The form you need is JP Civil Form No. 49 (Application and Affidavit to Proceed In Forma Pauperis), last updated February 20, 2023. You can pick it up at any JP Court clerk counter or download it from the Delaware Courts website.

The application asks you to disclose:

• Gross household income — all sources, including wages, benefits, and public assistance
• Monthly living expenses — rent, utilities, food, medical, transportation, child care
• Liquid financial assets — bank balances, cash on hand, investments
• Outstanding liabilities — debts, loans, garnishments

This is signed under oath. The information must be accurate — providing false financial data on a court filing carries consequences.

Who Qualifies

Delaware uses judicial poverty guidelines as the baseline. If your income and assets fall at or below those thresholds, the court generally grants the waiver.

If your income exceeds the guidelines, the judge evaluates whether your necessary living expenses — rent, medical bills, childcare — are high enough to make paying the filing fee a genuine hardship. There's no bright-line number; it's a case-by-case decision.

You'll get a written response. If approved, the waiver is noted on your case file. If denied, the clerk issues written notice telling you the exact fees due before the case can be processed.

What Gets Waived (and What Doesn't)

An approved IFP application waives:

• The court filing fee ($35–$55 depending on claim type)
• Constable service fees (for in-state defendants)

It does not cover:

• Third-party out-of-state process server charges (if you're serving a defendant in another state using Form CF31)
• Appeal bonds if you appeal the decision

When to Submit Form CF49

File the IFP application at the same time as your civil complaint (Form CF01). Hand both to the clerk together. The clerk processes the fee waiver first — if approved, the case filing goes through without payment. If denied, you'll need to come back with the fee.

You can also file the IFP application when responding to a lawsuit as a defendant. Attach it to your answer (Form 7) if you can't afford the associated fees.

Practical Tips

Keep copies of your pay stubs, benefit award letters, and bank statements ready. If the clerk or judge asks for supporting documentation, you don't want to delay the case by needing to go home and gather records.

If your financial situation changes after the waiver is granted (you get a new job, receive a settlement), the court can revisit the waiver. But for the moment of filing, what matters is your situation on that date.

The Filing a Small Claims Case in Delaware guide includes the complete filing preparation checklist — covering Form CF49 alongside all the other forms and documents you need for each step of the process.

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