Delaware small claims
How to fill out Delaware's Civil Complaint, CF01 (Justice of the Peace Court)
Official form: CF01 — Civil Complaint (Justice of the Peace Court) · Walkthrough written against CF01 — footer reads "JP Civil Form No. 01 (Rev 9/2/20)"
Download the official form — free, from the court
The only authoritative copy of this form is the court's own. Courts re-issue forms, so downloading a fresh copy right before filing beats reusing a saved one. We link the official source and never host court forms ourselves.
Get the official CF01 from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
Delaware has no separate small claims court — money claims that would be "small claims" elsewhere start in the Justice of the Peace Court, and the CF01 Civil Complaint is the form that starts them. The JP Court hears civil claims up to $25,000, which makes Delaware's ceiling one of the highest in the country for a self-representation-friendly court.
The CF01 is a single dense page: party blocks for up to two plaintiffs and two defendants (a continuation sheet, form CF01AP, adds more), checkboxes classifying each party and the type of action, a concise statement of facts, and an itemized relief-sought section that keeps principal, interest, and costs on separate lines. The Delaware courts' official download for this form serves a Word (.docx) file rather than a PDF.
The bottom of the form reprints part of JP Court Civil Rule 3: a civil action is commenced by filing a complaint and praecipe with the court, and sufficient copies of the complaint must be filed so that one copy can be served on each defendant.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption
County, Court No., Court Address, Civil Action No.
Identifies which Justice of the Peace Court the complaint is filed in — the courts are organized by county and numbered court. The civil action number is assigned by the court.
The parties
Plaintiff(s) and Defendant(s) blocks — name, address, "address has changed" checkbox, System ID#, phone, email
Identification blocks for up to two plaintiffs and two defendants. The form's own note says to list additional party names and addresses on form CF01AP. The System ID# is the court's party identifier for repeat litigants.
Plaintiff's / Defendant's Attorney or Agent, if any
Blocks for an attorney or agent, with address, System ID# (bar number), phone, and email — left blank by self-represented parties.
"Check One: □ Individual □ Corporation or other Artificial entity (see Supreme Court Rule 57)"
A classification checkbox for each side. The form's citation to Supreme Court Rule 57 flags Delaware's rule on how artificial entities appear and are represented in the JP Court.
Alternate Address — □ Physical □ Mailing □ Rental
On the defendant's side, checkboxes identifying what kind of alternate address is being provided.
Type of service and type of action
Type of Service (check one): □ Court Service □ Special Process Server
How the summons will be delivered — by the court's constable service or by a special process server.
Type of Action (check one): □ Debt □ Replevin □ Trespass □ Summary Possession (LLT) □ Deficiency Judgment
The claim category. A money claim is a Debt action; Replevin seeks return of property; Summary Possession is the landlord-tenant track, with its own Commercial Unit / Residential Unit checkboxes. The category checked also sets the filing fee.
The Complaint — facts and relief
1. "Concise Statement of Facts: (Who, What, When, Where, How?)"
The form's own prompt for the claim description — who did what, when, where, and how, in your own words in the space provided.
2. Relief Sought — itemized dollar lines
Separate lines for: the amount of money claimed (the form says "Not including interest"); pre-judgment interest at a stated % legal rate OR % contractual rate; post-judgment interest the same way; court costs; and other. Checkbox lines follow for possession, jury trial demanded (which the form limits to possession cases, with Yes/No boxes), and return of personal property OR its total dollar value — with the instruction to attach a list of the property stating description, number, and value of items on 8 1/2" x 11" paper.
"TO: THE JUSTICE OF THE PEACE COURT" — docketing request, date, and signature
Pre-printed text asking the court to docket the case and issue a summons to the named defendant(s) for trial, with judgment for the plaintiff together with interest and costs — followed by the date and the signature of the plaintiff or plaintiff's attorney.
The Rule 3 reprint
Commencement of action (JP Civ. Rule 3(a))
The form reprints the rule: an action is commenced by filing a complaint and praecipe with the court in the form the court prescribes, and sufficient copies of the complaint must be filed so one copy can be served on each defendant.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Leaving the Type of Action unchecked — the category (Debt, Replevin, Trespass, etc.) drives docketing and the filing fee, and the form says to check one.
- ⚠Including interest in the "Amount of money claimed" line — the form reserves that line for principal ("Not including interest") and gives interest its own lines with rate blanks.
- ⚠Filing without enough copies — the Rule 3 text on the form requires sufficient copies so that one can be served on each defendant.
- ⚠Squeezing extra parties into the two printed blocks — the form directs additional party names and addresses onto continuation sheet CF01AP.
- ⚠Leaving the Individual / Corporation checkbox blank — the classification matters under Supreme Court Rule 57, which governs how artificial entities appear in JP Court.
- ⚠Demanding a jury trial in a money case — the form allows the jury-trial demand only in possession (landlord-tenant) actions.
What filing costs, and where it happens
JP Court civil filing fees are set by statute (10 Del. C. § 9801) and tiered by the amount in controversy for debt claims: $35 where the claim is under $1,000, $40 from $1,000 to $5,000, and $45 above $5,000, per the Delaware courts' published fee schedule (updated 11/05/2021). Replevin is $55 and other action types have their own fees; a second service attempt (alias) is $20. Fee waivers run through the in forma pauperis application (Civil Form 49). The court's fee page also notes that if the plaintiff files outside the county where the defendant resides, court costs will not be awarded. Amounts change — verify the current schedule with the court before filing.
You file the complaint (with a praecipe and enough copies for each defendant) at a Justice of the Peace Court with civil jurisdiction; Delaware has JP courts in all three counties. Note that the official download for the CF01 is a Word document (.docx) rather than a PDF — you complete it, print it, and file it with the court, which then issues the summons to the defendant.
Published fees and court locations for your county are in our Delaware small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Does Delaware have a small claims court?
Not as a separate track — the Justice of the Peace Court is where self-represented money claims start, and its civil limit is $25,000, well above most states' small-claims ceilings. The CF01 is the initiating complaint for those cases.
Where do I get the CF01?
From the Delaware courts' forms site (courts.delaware.gov/forms) — the official download is free and linked on this page. The download serves a Word (.docx) file, and JP Court locations also provide the form.
Does the CF01 need to be notarized?
No. It is a signed complaint — dated and signed by the plaintiff or the plaintiff's attorney above the docketing request. (Delaware's fee-waiver affidavit, by contrast, does require signing before a notary or a justice of the peace.)
How many copies do I need?
The Rule 3 text printed on the form requires enough copies of the complaint that one can be served on each defendant, in addition to the original filed with the court. Extra parties beyond the form's two printed blocks go on continuation sheet CF01AP.
What does it cost to file?
For a debt claim, $35 to $45 depending on the amount in controversy, per the court's published schedule — plus service-related fees if a second attempt or special process is needed. The JP Court confirms the current amounts; verify before filing.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.