Sued in Delaware? You have 15 days to answer

Which court hears debt cases in Delaware

How to answer in Delaware

How to answer

Fill out the answer form that comes with your complaint and summons. Check one box: you admit the debt and do not want a trial, or you want a trial. In a debt action you can also ask the plaintiff for a Bill of Particulars (a more detailed statement of the claim). Mail or bring the form to the Justice of the Peace Court at the address on the form. You must also come to court on the trial date.

Official answer form

Defendant's Answer to the Complaint (J.P. Civil Form No. 07)

Fee to answer

The Justice of the Peace Court fee list shows no fee for filing an answer. A motion to vacate a default judgment costs $15.

If you can't pay the fees

Application and Affidavit to Proceed In Forma Pauperis (JP Court): https://courts.delaware.gov/forms/download.aspx?id=183398

How you must be served

The court itself usually serves the papers (the cost is in the plaintiff's filing fee), unless the plaintiff hires a special process server. You can be served by hand, by leaving copies at your home with an adult who lives there, by certified mail with return receipt, or by first-class mail with a certificate of mailing.

Law: J.P. Ct. Civ. R. 4(d), 4(f)(1)(I)

Law: J.P. Ct. Civ. R. 12; J.P. Civil Form No. 07 (rev. 07/14/25); 10 Del. C. § 9801

Defenses to know in Delaware

Defenses in Delaware law

You can raise any defense in your answer or at or before trial. The statute of limitations for most debts is 3 years. A claim you have against the plaintiff from the same transaction, up to the court's limit, generally must be filed as a counterclaim, at least 5 days before trial, or you may lose it. For medical debt from hospitals and other large health-care facilities, the Medical Debt Protection Act (6 Del. C. ch. 25J) bars wage garnishment, bank levies and property levies.

Law: J.P. Ct. Civ. R. 12; 10 Del. C. § 8106; J.P. Ct. Civ. R. 13

Debt buyer lawsuits

In a Justice of the Peace Court debt action, you can demand a Bill of Particulars (J.P. Civil Form 10C, or the box on the answer form). Debt buyer lawsuits in Delaware: the full rules

Time limit to sue (written contract)

3 years · More on old debts at Debt Collector Map

If there is a judgment in Delaware

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

For a judgment on a loan or credit agreement: 5% over the Federal Reserve discount rate, or the contract rate if that is lower, from the date of judgment.

How long it lasts

A creditor can use court collection procedures (execution) for 5 years after the judgment. After that, the judgment must be revived by scire facias (in JP Court, Civil Form 15A, Application to Revive a Judgment, $20 fee) before it can be enforced again.

Law: 6 Del. C. § 2301(a); 10 Del. C. § 5072(a)

Good to know in Delaware

• In a debt action you can check a box on the answer form to make the plaintiff give you a detailed statement of its claim, called a Bill of Particulars (J.P. Ct. Civ. R. 26).
• If you pay the judgment, the plaintiff must tell the court within 90 days; if it does not, you can ask the court for up to half the amount of the judgment (10 Del. C. § 9567, as described by the JP Court).
• An appeal from a JP Court debt judgment goes to the Court of Common Pleas and must be filed within 15 days (Delaware Courts).

Changes in 2024–2026

The Medical Debt Protection Act, amended in 2025, bars large health-care creditors and their collectors from garnishing wages or bank accounts or levying on property for medical debt. The JP Court answer form (Civil Form No. 07) was revised July 14, 2025.

Law: 6 Del. C. ch. 25J, 84 Del. Laws c. 198, 2024

Federal rules in every state

• Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
• Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
• Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
• Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
• Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in Delaware

More help on our sister sites

• Delaware debt collector rules and the statute of limitations (Debt Collector Map)
• Delaware small claims court (Small Claims Map)

Sources

Other states