How do I file a lawsuit?

In Delaware, you must file a lawsuit in the Court of Common Pleas for your county. The first step for filing a lawsuit is to contact a lawyer or legal aid. A lawyer or legal aid can help you to determine if your claim is valid and provide you with guidance on the filing process. Once you have decided to go forward with filing your lawsuit, you will need to prepare a complaint. The complaint will explain why you believe the other party is legally liable for the damages you are seeking. The document should include the names and contact information of both parties, a list of the facts in your case, and a statement of the legal action that you are asking the court to take. You will also need to attach any evidence that you have to your complaint. After preparing the complaint, you must then file it in the appropriate court. Depending on the amount of the claim and the type of case, this may be either the Small Claims Court or the Court of Common Pleas. You will be required to submit a filing fee to the court clerk and a copy of the complaint must be sent to the defendant. Once the complaint has been filed with the court, the defendant then has an opportunity to respond by filing an answer. After the claim has been answered, the court will begin to consider the matter and decide if a trial is necessary. Based on the evidence and testimony presented, the court will then make a ruling on the case.

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