Delaware Small Claims Proof of Service: MISC 27C and When You Need It

What Proof of Service Is

Proof of service is a sworn document confirming that you delivered a copy of your court filing to the other party. In Delaware's Justice of the Peace Court, this is handled through Form MISC 27C — a notarized affidavit that you fill out, sign before a notary, and file with the court alongside the document you served.

You don't need proof of service when filing your initial Answer (Civil Form 07 / CF07). But the court requires it for counterclaims, cross-claims, and third-party complaints.

When Defendants Need MISC 27C

The most common scenario: you're filing a counterclaim against the plaintiff using Form 01CC. The JP Court requires you to serve a copy of the counterclaim on the plaintiff and file Form MISC 27C as proof that you did.

Specifically, MISC 27C is required when you file:

• A counterclaim (Form 01CC) — Your claim that the plaintiff owes you money
• A cross-claim — A claim against a co-defendant
• A third-party complaint — Bringing a new party into the case

The counterclaim and its proof of service must be filed at least five days before trial, excluding weekends and court holidays.

How to Complete MISC 27C

The form is straightforward but must be notarized:

1. Identify the case — Fill in the court name, case number, and party names from your summons.
2. State what you served — Specify the document (e.g., "Counterclaim, Form 01CC").
3. State how you served it — Personal delivery, certified mail, or delivery to the plaintiff's attorney.
4. State when you served it — The exact date of service.
5. Sign before a notary — MISC 27C is an affidavit, which means your signature must be notarized. An unnotarized form may be rejected by the clerk.

Finding a Notary

This is one of the practical friction points for self-represented defendants. You need a notary during business hours, which means a trip during the workday.

Common options in Delaware:

• Banks — Most bank branches offer free notary services for account holders.
• UPS Stores and shipping centers — Typically charge $5–$15 per signature.
• Your employer's office — Many offices have a notary on staff.
• The courthouse itself — Some JP Court locations have notary services available, though this isn't guaranteed. Call the clerk's office to check before relying on it.

Mobile notary services are available but cost more ($25–$75+ for a house call).

What Happens If You Don't File It

If you file a counterclaim without proof of service, the court may reject the counterclaim or refuse to consider it at trial. The plaintiff could argue they weren't properly notified, and the magistrate would likely agree.

Without a valid counterclaim on file, you can't recover money from the plaintiff at the JP Court hearing — even if they owe you. You'd have to file a separate action later.

Filing the Answer Is Different

Just to be clear: your initial Answer (Civil Form 07 / CF07) doesn't require MISC 27C. You do need to serve a copy of the Answer on the plaintiff, but the court doesn't require a notarized affidavit proving you did. A certificate of mailing or hand-delivery receipt is sufficient.

MISC 27C is specifically for counterclaims and similar affirmative filings where the court needs sworn proof that the opposing party received notice.

For a complete walkthrough of the defendant's filing requirements — including when notarization is needed and when it's not — our Delaware Small Claims Response Guide covers every form in the process.

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