How to Serve Someone in Delaware Small Claims Court

Your case doesn't move forward until the defendant is properly served. In Delaware's Justice of the Peace Court, service of process follows specific rules — you can't just hand the papers to the person yourself or send a text message. Here's how each method works and what to do when service fails.

Two Methods for In-State Defendants

Constable service. A court-appointed JP Court constable physically delivers the summons and complaint to the defendant, or to a person of suitable age at the defendant's address. This is the most reliable method — the constable files a return of service with the court confirming delivery.

Certified mail. The court sends the documents via USPS Certified Mail with a return receipt requested. When the defendant (or someone at the address) signs the green card, that signature becomes your proof of service.

You choose the method when you file. Constable service is handled by the court; certified or registered mail may be arranged through the court or by the plaintiff under court procedure.

Serving Out-of-State Defendants

The JP Court does not serve defendants outside Delaware. If the person you're suing lives in another state, you handle it yourself using Form CF31 instructions:

1. The court clerk processes your filing and returns the documents to you
2. Within 7 calendar days, mail copies of the summons, complaint, and a blank answer form to the defendant via certified or registered mail, return receipt requested
3. When the signed green card comes back, complete a notarized Affidavit of Service (Form 31A)
4. File Form 31A and the original postal return receipt with the court

If you don't get Form 31A back to the court within 365 days of filing, the court can dismiss your case without prejudice.

When Service Fails

If the constable can't find the defendant or the certified mail comes back undelivered, the court issues a Non-Est Return of Service (Form 9) explaining what happened — wrong address, defendant moved, no one home after multiple attempts.

To keep your case alive, you need to find a valid address and file an Alias Request for Service. This means submitting an updated complaint, alias service documents, and paying an additional $20 alias filing fee.

Good sources for locating a current address: the Delaware Division of Corporations (for business registered agents), property tax records in the county where they own property, and the Prothonotary's Office for trade name registrations.

Proving Service for Counterclaims

If you're filing a counterclaim against the plaintiff, you handle service yourself and file notarized proof using Form MISC 27C (Certificate of Service). Counterclaims must be served at least 5 days before trial, excluding weekends and legal holidays.

Service and Default Judgments

Verified proof of service is a prerequisite for a default judgment. If the defendant doesn't answer within 20 calendar days of being served, you can ask for a default — but the court will check that service was properly completed first. No valid proof of service, no default judgment.

The Delaware filing guide includes a service tracking log for monitoring constable attempts, certified mail receipts, and out-of-state filing deadlines, so nothing slips past the court's requirements.

See more Delaware guides →