Delaware Small Claims 15-Day Response Deadline: How to Calculate It

Why 15 Days, Not 20

If you've been served with a civil complaint in Delaware's Justice of the Peace Court, you have 15 calendar days to file your Answer — not the 20 days you might find in general legal advice online. The 20-day window applies to the Court of Common Pleas and Superior Court, not the JP Court.

Civil Form 07 (CF07) states it plainly: "This signed document must be received by the Court within 15 days after the date you received it or a default judgment may be entered against you."

The consequences of missing this deadline are severe. The plaintiff can move for a default judgment, which means the court rules in their favor without ever hearing your side.

How to Count the 15 Days

The calculation follows Delaware's standard judicial rules:

1. Day 0 is the day you received the papers (the date the constable handed them to you, or the date you signed the certified mail receipt). That day does not count.
2. Day 1 starts the next calendar day.
3. Count every day — Saturdays, Sundays, and holidays all count as part of the 15.
4. If Day 15 falls on a Saturday, Sunday, or court holiday, the deadline extends to the next business day the court is open.

Here's what that looks like with real dates:

"Received" Means Physical Receipt, Not Filing

The 15-day clock starts when you actually receive the papers, which depends on how you were served:

• Constable delivery — The clock starts on the date the constable serves you in person (or leaves the papers at your home with someone of suitable age).
• Certified mail — The clock starts on the date you or your authorized agent signs the return receipt.

If you weren't home when the constable came and someone else accepted the papers, the service date is the day they were left — not when you personally saw them.

The Arrival Rule, Not the Mailbox Rule

Your Answer must be received by the court clerk within 15 days. Dropping your form in the mail on day 15 does not satisfy the deadline if it arrives on day 16 or later.

If you're mailing your Answer, build in at least three to five business days for delivery. Better yet, hand-deliver it to the court clerk's window or file electronically through eFlex.

What If You Can't Meet the Deadline?

You can request an extension of time by filing a written application with the court before the 15 days expire. The application must show good cause — a medical emergency, a scheduling conflict with your work, or the need to consult legal aid.

Important: informal steps don't stop the clock. Calling the plaintiff to discuss settlement, leaving a voicemail with the court, or contacting a legal aid office does not extend your deadline. Until a judge grants a written extension, the 15-day window keeps running.

If you've already missed the deadline and a default judgment has been entered, you may be able to file a Motion to Vacate Default Judgment, normally within 15 days (or 30 days if service by certified mail was returned unclaimed), along with a $15 non-refundable filing fee. Limited exceptions may allow a later filing within a reasonable time. You'll need to show excusable neglect and a meritorious defense.

Protect Your Deadline

The safest approach: file your Answer as soon as possible after being served. Our Delaware Small Claims Response Guide includes a deadline calculation worksheet and a day-by-day filing checklist so you don't lose track of your window.

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