The Delaware State Courts will be closed on Tuesday, November 5th for Election Day. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM – 12PM (no new cases after 11:00PM).

Sussex County Courts including Justice of the Peace Court 2, 4, and 17 will be closing at noon on Thursday, November 7th for Return Day. JP Court 14 will be closed the entire day due to proximity to Return Day events.

Obtaining a Default Judgment in the Justice of the Peace Court


When the Defendant fails to appear, plead, or otherwise defend the case and the Plaintiff requests judgment to be entered in his or her favor, a default judgment may be entered.

If no answer is received by the Court in a debt or trespass action or if, in any type of action, the Defendant fails to appear at the date and time scheduled for trial, the Court will send out "Statement of Plaintiff in Support of Default Judgment (Civil Form No. 13) to the Plaintiff. (If the default relates to a deficiency judgment pursuant to 6 Del.C. § 9-504, the Plaintiff may also choose to submit Civil Form No. 13dj.)

Plaintiffs should remember that the "Statement" must be notarized.

In addition, the amount of money claimed may not exceed the amount claimed in the complaint and pre-judgment interest or other claims may not be included in the judgment unless requested in the complaint. However, in a summary possession action, the amount demanded may be increased to include the reasonable value of the use and occupation to the time when a writ of possession is issued and for any period of time with respect to which the agreement does not make any provision for payment of rent. (This period of time may include the time between the issuance of the suit and the actual recovery of the premises.)

When the "Statement" is completed and returned to the Court, the Court will determine whether judgment can be entered without a hearing to determine the amount of damages. If a hearing is required, the Court will notify the parties.