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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A defendant does not have to file any written answer in a summary possession case, but a defendant must appear in court at the time and place specified in the summons or the defendant will lose by default. (However, a defendant in a case in which only money is being sought, such as an action for back rent or for the return of a security deposit, i.e., a debt action, will receive an answer form (JP Civ. Form No. 7) and this answer must be filed within the time specified or the case will be lost by default.)

To have a jury trial, a demand for a trial by jury must be made within 10 days of being served with the papers. There is no special form for this. The demand should be made by stating on a piece of paper, which includes the name of the case and its case number, that a jury trial is demanded. The demand should be signed and dated and filed with the Court. The defendant must make the demand for the jury trial within 10 days of being served with the notice of the suit. Parties are particularly encouraged (though not required) to have an attorney represent them when there is a jury trial.

The defendant may file a counterclaim. A counterclaim is a claim by the defendant against the other party. For example, if the landlord is suing for possession and back rent, the tenant may file a counterclaim for the value of furniture ruined when the roof leaked if it was the landlord's responsibility to fix the roof and the landlord failed to do so. Generally, counterclaims must be filed at least 5 business days before the trial.