Fees and Filings for the Delaware Justice of the Peace Court

Delaware State Courts

Filing Fee for Landlord/Tenant	$40
Filing Fee for Debt and Trespass Claims where the amount in controversy exceeds $5,000	$40
Filing Fee for Debt and Trespass Claims where the amount in controversy equals or is between $1,000-$5,000	$35
Filing Fee for Debt and Trespass Claims where the amount in controversy is less than $1,000	$30
Filing Fee for Replevin Action	$50
Alias (Second Attempt at Service)	$15
Attachment in Lieu of Summons	$50
Execution	$25
Sale Fee	$20
Subpoena	$5
Filing a Garage Keeper Case	$30
Motion to Vacate a Default/Nonsuit Judgment	$10
Landlord/Tenant Appeal	$50
Constable Sale (Vendition Exponas)	$20
Transcript	$10
Service of Writ of Summary Possession	$35
Revival of Judgment (Scire Facias)	$10
Third Party Action for Landlord/Tenant Claims	$40
Third Party Action for Debt and Trespass Claims where the amount in controversy exceeds $5,000	$40
Third Party Action for Debt and Trespass Claims where the amount in controversy equals or is between $1,000-$5,000	$35
Third Party Action for Debt and Trespass Claims where the amount in controversy is less than $1,000	$30
Filing Fee for an Abandoned Property Suit	$40

If the Plaintiff (person who files the case) wins the case, the court may award the court costs (in addition to the principal claim, interest, and other relief requested as a part of the judgment). If the Plaintiff files the case outside of the county where the Defendant (person whom the claim is against) resides, court costs will not be awarded.

HOW TO FILE AN APPLICATION FOR A WAIVER OF COURT FEES

The application for filing a fee waiver is contained below. You may either obtain the necessary forms from the Court or you may download them. All applicants must fill in the Application and Affidavit to Proceed in Forma Pauperis (Civil Form 49). Only persons who have been told by a Delaware Court that they may not file future claims without the permission of the court due to having filed frivolous or malicious litigation, should fill out the second form, the Affidavit of Good Cause (Civil Form 49A).

The application (and the Affidavit of Good Cause, if you are required to file it) must be signed in front of a notary public or a justice of the peace. You should be aware that in signing the application (and the Affidavit of Good Cause, if necessary), you are swearing or affirming, under penalty of perjury, that the information is true and correct. If you wish to sign in front of a notary, and do not know of one, you may find a list of notaries in the yellow pages of the telephone book.

The signed and notarized fee waiver documents should be filed with the Court along with your complaint.

Also included, for your information, are the income eligibility guidelines which are used by the Court in determining whether an in forma pauperis application should be granted. When applicants have both income and assets at or below the guidelines, the Court will generally approve the application. At income or asset levels above those shown in the guidelines, the Court will determine whether the applicant has any unusual necessary expenses which may cause the Court to grant the application.

In addition to looking at the applicant’s income and asset levels, the Court will review the applicant’s complaint to determine whether the action is factually frivolous (baseless, or of no importance), malicious (designed to injure or harass), or legally frivolous (without legal merit). If the complaint fits within any of these categories, the Court will deny the request for the fee waiver and will dismiss the action.