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Justice of the Peace Court of the Delaware Courts

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IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE,

IN AND FOR county

COUNTY

COURT ADDRESS

CIVIL ACTION NO

PLAINTIFF/JUDGMENT CREDITOR:

Name

Address

VS.

DEFENDANT/JUDGMENT DEBTOR:

Name

Address

SERVE ON:

ADDRESS:

RETURN DATE:

SERVED ON:

CONSTABLE:

GARNISHMENT OF WAGES AND/OR PROPERTY(ATTACHMENT FIERI FACIAS)

PLEASE ISSUE A WRIT OF GARNISHMENT (Attachment Fieri Facias) on the judgment in the above case to be directed to the Employer/Garnishee named above. THE AMOUNT NOW DUE on the judgment is as follows:

$ Original amount of judgment (excluding costs, attorneys' fees and pre-judgment interest)

$ Pre-judgment interest

$ Less total credits

$ Net

$ X days (summary possession cases only)

$ % per year Plus post-judgment interest at

$ Plus court costs due, including costs for this form.

$ Plus attorneys' fees, if allowed by judgment.

$ TOTAL DUE ON JUDGMENT

DATE OF JUDGMENT:

The foregoing statements are true and correct to the best of my knowledge and belief.

DATE:

Signature of Plaintiff or Attorney

TO THE CONSTABLE: YOU ARE HEREBY ORDERED to summon the Garnishee to answer this request for garnishment of wages of , the Defendant.

TO THE GARNISHEE: YOU ARE HEREBY ORDERED TO WITHHOLD THE ATTACHABLE WAGES OF THE DEFENDANT/DEBTOR FOR ANY WORK WEEK OR OTHER PAY PERIOD AND ALL MONEY OR OTHER PROPERTY OF THE DEBTOR IN YOUR POSSESSION until the judgment, interest, other charges and costs as specified in above are satisfied or until otherwise notified by this Court. To determine the amount of wages to withhold, see attached Justice of the Peace Civil Form No. 34. RETURN THE ENCLOSED ANSWER TO THE COURT WITHIN 20 DAYS. You are further ordered to send the amount withheld directly to the Plaintiff/Creditor or his legal representative and not to the Court. All such wages, money, etc. must be held for the benefit of the Judgment/Creditor and may not be disbursed to the Judgment/Debtor except upon order of the Court. Federal and State exemptions may be available. Please provide a copy of this order to the Judgment/Debtor. The judgment may be transferred from the Defendant to you if you fail to comply with this Order.

IT IS SO ORDERED this day of, ,

(SEAL)

Justice of the Peace

VIEW YOUR CASE ONLINE: http://courtconnect.courts.delaware.gov

JP. Civil Form No. 17 (Rev. 11/6/15)

Doc. No. 02-13-96-06-12

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What the Justice of the Peace Court of the Delaware Courts Handles

The Justice of the Peace Court of the Delaware Courts is a trial-level tribunal that handles lower-stakes civil and criminal matters, landlord-tenant disputes, small claims, traffic infractions, and preliminary hearings. It is the local court where many everyday disputes and enforcement actions begin, and filings must comply with court rules and local procedures to be accepted.

Why understanding this court and its forms matters

Knowing the Court’s filing requirements reduces processing delays, prevents dismissal or service errors, and clarifies whether electronic filing or notarization is required under state rules and federal e-signature law.

Why understanding this court and its forms matters

Who typically files or responds in Justice of the Peace matters

Common users include self-represented litigants, landlords and tenants, and local attorneys who manage low-value civil matters.

  • Self-represented litigants — Individuals filing or defending claims without counsel; often rely on clerk guidance and standard court forms.
  • Landlords and tenants — Parties in possession disputes who must prepare notices, complaints, and evidence in accordance with court rules.
  • Local attorneys and paralegals — Counsel who prepare pleadings, service paperwork, and appear at hearings on behalf of clients.

Step-by-step: preparing a filing for the Justice of the Peace

Follow this concise sequence to prepare a clear, court-acceptable filing and avoid common processing delays.

  • 01
    Select Form: Choose the correct JP Court form for your claim or response.
  • 02
    Complete Caption: Enter court name, parties, and case caption exactly as required.
  • 03
    Attach Evidence: Number and label exhibits; include sworn affidavits if needed.
  • 04
    File and Serve: Submit to the clerk and serve other parties using approved methods.

Core elements to include in a professional Justice of the Peace filing

A complete filing presents a clear caption, factual statement, supporting evidence, and proper signer attestations so the clerk can accept and schedule the matter.

Case Caption

Court name, county, party names and case number when available. Accurate caption ensures correct docket assignment and avoids clerical rejection.

Statement of Claim

A concise factual narrative describing the dispute, relevant dates, and legal basis for relief, enabling the judge to understand the issue quickly.

Supporting Exhibits

Clearly labeled and tabbed documents such as leases, receipts, photographs, or contracts; reference each exhibit in the main pleading.

Affidavit / Verification

When required, include a sworn affidavit attesting to facts. Follow notary or witness rules for your jurisdiction before filing.

Service Information

Include proof of service or a proposed service method; missing service proof can delay hearings or result in dismissal.

Relief & Amounts

Specify exact monetary amounts or remedies requested. Courts may require supporting calculations or itemized statements.

Essential data elements courts expect on filings

Party Names: Full legal names
Addresses: Street, city, state, ZIP
Filing Date: MM/DD/YYYY
Case Caption: Court and county
Exhibit List: Numbered exhibit IDs
Signature Line: Printed name and date

Penalties and risks from incorrect or incomplete filings

Missed Deadline: Case dismissed
Faulty Service: Hearing delayed
Incorrect Party: Default judgment risk
Unsworn Statements: Evidence excluded
Improper Notarization: Document rejected
Inaccurate Amounts: Judgment challenged

Common preparation pitfalls to avoid

  • Using abbreviated names or nicknames that differ from government ID, which creates service and identity verification problems.
  • Failing to attach exhibits or submitting unreadable scans, resulting in unclear evidence and possible dismissal of claims.
  • Omitting required verification or notary where the court’s local rules demand sworn statements, causing rejection at filing.
  • Relying on informal service methods without court approval and lacking proof of delivery, which delays hearing scheduling.

How to configure an online filing workflow for Justice of the Peace forms

Set up a simple, auditable workflow so every filing records signer identity, attachments, and service steps for the court record.

Field Configuration
Authentication Email plus SMS code for signer verification
Attachments Require PDF exhibits with filename standard
Notifications Clerk and parties receive email copies
Retention Store signed copy and audit trail

Technical requirements for eSubmission and eSignature

Confirm that any electronic signature platform you use supports court-acceptable PDF output, audit trails, and the authentication level your jurisdiction requires.

  • File Formats: PDF/A or searchable PDF
  • Authentication: Email plus optional SMS/KBA
  • Integrations: Supports Google Workspace, Microsoft 365, NetSuite

Where and how filings are typically submitted

Understand available submission paths: in person at the clerk’s office, by mail, or via any authorized electronic filing method recognized by the court.

  • In-Person Filing: Deliver original and copies to the local JP Court clerk.
  • Mail Filing: Send certified mail with return receipt when permitted.
  • Authorized eFiling: Use court-recognized eFiling portals where available; rules vary by county.
  • Service Methods: Serve opposing parties per local rules and file proof with court.

Typical timing and deadline items to track

Deadlines for responses, hearings, and appeals differ by jurisdiction; confirm specific timeframes with the clerk or local rules before filing.

Response Period:

Time to answer is set by local rules; often 10–30 days

Hearing Notice:

Court schedules hearing and provides notice of date and time

Appeal Window:

Appeal periods vary; file within the court-prescribed timeframe

Service Deadlines:

Complete and file proof of service before the scheduled hearing

Judgment Enforcement:

Post-judgment relief follows local enforcement statutes

Key processing milestones from filing to final disposition

A typical case follows discrete milestones; tracking each stage reduces risk and improves readiness for hearings or enforcement.

01

File Accepted

Clerk dockets the matter and assigns a case number

02

Service Completed

All parties receive legal notice and proof is filed

03

Pretrial / Hearing

Court schedules and holds evidentiary hearing

04

Judgment Issued

Court issues a written order or judgment resolving the dispute

How Justice of the Peace filings differ from other court documents

Compare common document categories to choose the correct form and procedural path for your matter.

Document Complaint Affidavit
Purpose start case sworn factual support
Signature Required yes (sworn)
Notarization varies often recommended
Typical Use civil claims evidence of facts

Common eSignature platform pricing and capability snapshot

Basic pricing and feature availability across popular eSignature vendors for routine court document preparation and secure signing.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes (Business Premium) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Yes (BAA) Yes (BAA) Varies Varies

Practical filing scenarios

Two illustrative examples show how typical Justice of the Peace matters progress from filing to judgment.

Tenant Eviction Example

A landlord files a possession claim with supporting lease and notice

  • Rapid service is critical to preserve hearing date
  • The court docketed the matter, the tenant received service proof, and the judge issued a possession order after hearing, with clear instructions for judgment enforcement.

Small Claims Debt Example

A small business submits an itemized unpaid invoice and communications

  • Proper exhibit labeling simplified review
  • After the defendant failed to appear, the court issued a default judgment; the plaintiff used the judgment to seek collection in compliance with local enforcement rules.

Frequently asked questions — practical answers

Answers to common questions about filing, signatures, notarization, and steps to correct or withdraw a Justice of the Peace filing.


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