Small Claims Complaint

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Delaware requires the use of official Civil Form No. 1 (Complaint) for small claims cases filed in
Justice of the Peace Court. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at https://courts.delaware.gov/forms/list.aspx?ag=Justice+Of+The+Peace+Court&sec=Forms.
Do not file this document directly with the court.

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

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdictional Allegations
4. General Allegations (“Statement of Claim”)
5. Counts & Specific Claims for Relief
6. Damages Demand
7. Prayer for Relief
8. Verification & Signature Block
9. 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.

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:

1. Compensatory damages in the amount of $[PRINCIPAL], plus pre- and post-judgment interest as allowed by law;
2. Court costs, including filing fees and service of process fees;
3. Attorney’s fees if and to the extent permitted by contract or statute; and
4. 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: _____________________________

9. SERVICE INSTRUCTIONS (INFORMATIONAL – NOT FILED WITH COURT)

• Preferred Service Method: ☐ Certified Mail ☐ Constable ☐ Private Process Server
• Special Instructions: [e.g., business hours, suite number, gate code]

END OF DOCUMENT