How do I add a defendant to a small claims court case?

In Delaware, adding a defendant to a small claims court case follows the same basic procedure as filing an original claim. You must first prepare a Complaint form and file it with the appropriate court. Depending on the amount of the claim, the Complaint should be filed in either the Justice of the Peace Court (for claims between $1000 and $5000) or the Court of Common Pleas (for claims over $5000). On the Complaint form, you should indicate whether the defendant you are adding is an individual or a business. You must provide the name and address (or registered agent and address) of the defendant and a description of your claim. Then, you must enter an Order of Notice. This legal notice will inform the defendant that they have been named in a small claims action. The Order of Notice must be served on the defendant personally, by certified mail, or by publication. The method of service must be approved by the court. Once the defendant has been notified, they will have a certain amount of time to respond to your Complaint and enter a Counterclaim if they wish. If they fail to respond in the allotted time, you may be granted a default judgment. Finally, the court will then set a hearing date and both parties must appear in court and present their evidence. If all the paperwork is in order, the case should move forward and you should get your judgment in a timely manner.

Related FAQs

How do I object to a witness or evidence in a small claims court hearing?
What evidence do I need to present in small claims court?
Is there a limit on the number of claims I can file in small claims court?
How long does it take to pursue a claim in small claims court?
Are there any rules prohibiting me from collecting a small claims court judgment outside of court?
What is the cost of filing an appeal in small claims court?
What is the process for objecting to evidence in a small claims court case?
Is there a limit on the amount of money I can collect in a small claims court case?
Can I get a restraining order in a small claims court case?
Can I appeal a ruling of a small claims court judge?

How do I add a defendant to a small claims court case?

Related FAQs

Related Blog Posts