Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action

Citation
Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action
Jurisdiction
Delaware (state)
Source
Official source
Original Source
https://courts.delaware.gov/help/LandlordTenant/ ↗

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Full Text

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For all the time periods mentioned in this booklet, the day of the event from which the period of time runs is not included, unless specifically stated. The last day of the period is included, unless it is a Saturday, Sunday or legal holiday. In that event, the time period will run until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time is less than 7 days, intermediate Saturdays, Sundays and legal holidays are not included in calculating the period of time. For example, a summary possession appeal must be filed within 5 days of the Court's judgment. If the judgment is entered on Friday granting possession to the plaintiff, the defendant has until the following Friday to file an appeal (5 days excluding the Saturday and Sunday). If a party has the right or is required to take some act within a prescribed period after service by mail, 3 days are added to the prescribed period.

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How does an action for possession begin?

The action should be filed in the Justice of the Peace Court closest to the rental property. "Filing" consists of filling out and returning to the Court the necessary papers. You will need to fill out a complaint form (J.P. Civ. Form No. 1). If you are a corporation, partnership, or other "artificial entity" and do not wish to use an attorney to represent you in court, you will also need to file a Certificate of Representation (Form 50). You may obtain the Form 50 from the Court or online at the Justice of the Peace Court web site listed above.

Both forms may be filled out online, but may not be filed with the court online, unless you are an approved e-filer.

The Complaint Form, along with the filing fee should be mailed or delivered directly to the Court which will hear your case.