Small Claims Complaint Template
Jurisdiction: State of Delaware – Justice of the Peace Court
Governing Law: Delaware State Law
Forum: Justice of the Peace Court, Small Claims Division
[// GUIDANCE: This template is drafted to comply with Delaware Justice of the Peace Court Rules (“JPCR”), Title 10 of the Delaware Code, and the court’s published Small Claims Instructions. Monetary-limit, claim-type, and appeal-right requirements are hard-wired below. Confirm all rule citations and dollar thresholds immediately before filing, as they are periodically adjusted by statute or court order.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdictional Allegations
- General Allegations (“Statement of Claim”)
- Counts & Specific Claims for Relief
- Damages Demand
- Prayer for Relief
- Verification & Signature Block
- Service Instructions (Informational)
1. DOCUMENT HEADER
IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE
IN AND FOR [COUNTY] COUNTY – SMALL CLAIMS DIVISION
Civil Action No.: _
Court No.: _
PLAINTIFF:
[PLAINTIFF LEGAL NAME], an individual ☐ / entity ☐
Address: [STREET], [CITY], DE [ZIP]
Telephone: [PHONE]
Email: [EMAIL]
DEFENDANT:
[DEFENDANT LEGAL NAME], an individual ☐ / entity ☐
Address: [STREET], [CITY], DE [ZIP]
Telephone: [PHONE]
Email: [EMAIL]
2. DEFINITIONS
For purposes of this Complaint, the following capitalized terms shall have the meanings set forth below:
“Court” means the Justice of the Peace Court of the State of Delaware, Small Claims Division.
“Monetary Limit” means the jurisdictional ceiling of $25,000 exclusive of interest and costs pursuant to 10 Del. C. § 9303.
“Plaintiff” means the person or entity listed in the Document Header above.
“Defendant” means the person or entity listed in the Document Header above.
“Claim” means each cause of action asserted in Section 5.
3. JURISDICTIONAL ALLEGATIONS
3.1 Amount in Controversy. The total monetary relief sought herein is $[AMOUNT SOUGHT], which does not exceed the Monetary Limit.
3.2 Claim Type. Plaintiff’s Claims arise from [briefly describe: e.g., breach of contract, unpaid invoice, property damage, etc.], which are allowable civil matters under JPCR 10(a) and Title 10 of the Delaware Code.
3.3 Venue. Venue is proper in this Court under JPCR 10(b) because (check all that apply):
☐ Defendant resides or has its principal place of business in [COUNTY], Delaware.
☐ The transaction or occurrence giving rise to the Claim occurred in [COUNTY], Delaware.
☐ The property that is the subject of the action is located in [COUNTY], Delaware.
3.4 Alternative Dispute Resolution. Arbitration is not required or elected for this Claim.
3.5 Appeal Rights Notice. A final judgment of this Court may be appealed de novo to the Court of Common Pleas within 15 calendar days of entry pursuant to 10 Del. C. § 9571.
4. GENERAL ALLEGATIONS (“STATEMENT OF CLAIM”)
4.1 On or about [DATE], Plaintiff and Defendant entered into [describe agreement/relationship].
4.2 Defendant was obligated to [describe duty: e.g., pay $__, deliver goods, perform services, refrain from damaging property, etc.].
4.3 Defendant failed to perform by [describe default/misconduct] despite Plaintiff’s written/oral demand dated [DATE].
4.4 As a direct and proximate result of Defendant’s failure, Plaintiff has suffered damages in the principal amount of $[PRINCIPAL], plus continuing interest, costs, and applicable statutory fees.
[// GUIDANCE: Attach copies of contracts, invoices, correspondence, photographs, or other supporting documents as Exhibit A (and sequentially) and reference them here.]
5. COUNTS & SPECIFIC CLAIMS FOR RELIEF
Count I – Breach of Contract
5.1 Plaintiff incorporates paragraphs 1–4 by reference.
5.2 Defendant’s failure to [payment/performance] constitutes a material breach of contract.
5.3 Plaintiff is entitled to recover damages of $[PRINCIPAL], plus pre- and post-judgment interest at the legal rate.
[ADD additional counts as necessary—e.g., Unjust Enrichment, Property Damage, Replevin.]
6. DAMAGES DEMAND
Pursuant to 10 Del. C. § 9303 and JPCR 18(a):
a. Principal Damages: $[AMOUNT]
b. Pre-judgment Interest (from [DATE] to present) at [RATE]%: $[AMOUNT]
c. Court Costs (filing & service fees, etc.): $[ESTIMATE]
d. Contractual/Statutory Attorney’s Fees (if applicable and authorized): $[AMOUNT OR “N/A”]
e. TOTAL DEMAND: $[SUM] – not to exceed the Monetary Limit.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
- Compensatory damages in the amount of $[PRINCIPAL], plus pre- and post-judgment interest as allowed by law;
- Court costs, including filing fees and service of process fees;
- Attorney’s fees if and to the extent permitted by contract or statute; and
- Such other and further relief as the Court deems just and proper.
8. VERIFICATION & SIGNATURE BLOCK
I, the undersigned, declare under penalty of perjury under the laws of the State of Delaware that:
(a) I am the Plaintiff ☐ / authorized representative of Plaintiff ☐;
(b) I have read the foregoing Complaint;
(c) The facts stated therein are true and correct to the best of my knowledge, information, and belief.
Date: _____
[PRINTED NAME OF PLAINTIFF OR REP.]
Signature: ____
Title (if entity plaintiff): __
Address: ____
Phone: ____
Email: _____
[// GUIDANCE: JPCR 3(e) requires a signed verification. Notarization is not mandatory for small claims, but it strengthens authenticity. Attach notary block if desired.]
9. SERVICE INSTRUCTIONS (INFORMATIONAL – NOT FILED WITH COURT)
[// GUIDANCE: The clerk will issue the summons and arrange service via constable or certified mail unless Plaintiff opts for private process server. Provide Defendant’s correct service address and any special instructions here.]
- Preferred Service Method: ☐ Certified Mail ☐ Constable ☐ Private Process Server
- Special Instructions: [e.g., business hours, suite number, gate code]
END OF DOCUMENT
[// GUIDANCE:
1. Double-check the current filing fee schedule and prepare a separate check payable to “State of Delaware – JP Court.”
2. File the original Complaint plus one copy per Defendant.
3. Provide stamped envelopes addressed to each Defendant if required by the clerk.
4. Calendar the 15-day appellate window upon receipt of judgment.]