What are Delaware Small Claims Cases and Class Action Lawsuits?

In Delaware, small claims lawsuits often cover cases involving loan repayment, inability to repair an appliance properly, or failure to meet the conditions of a service agreement. The Delaware Justice of the Peace Court has legal jurisdiction to preside over small claims lawsuits. Although small claims generally involve a small amount of money, the Justice of the Peace court still considers a small claim valid up to $15,000.

A class action lawsuit slightly contrasts the provisions of a small claim lawsuit. It allows several people to consolidate legal claims and be collectively represented by a member or members of the class against a defendant. Class actions entail filing a petition by plaintiffs who sustained an injury caused by misleading advertisements, security frauds, malfunctioning drugs, financial crimes, broken medical appliances, rights violations, and environmental hazards.

The superior court in Delaware hears and finalizes class-action lawsuits. The court also has jurisdiction over other civil cases aside from equity cases and matters concerning domestic relations.

Delaware public records may also be accessed through third-party websites. These sites may expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Delaware?

Common cases presided over by the small claims court in Delaware generally include:

• Evictions: This refers to the civil process whereby a landlord legally terminates a tenant from a property. Evictions are likely to occur when the tenant refuses to make payments or violates other rental agreements. Furthermore, landlords are expected to serve tenants an eviction notice stating why and the number of days left before eviction begins.
• Property Damage: Causing injury to personal property willfully or through negligence, destroying an automobile, a house, fence, tree, or other possessions is property damage.
• Defamation, Libel and Slander: Under Delaware statutes, libel is any written and published form of defamation, while slander is any spoken form of defamation. The legal term “defamation” seeks to ensure a remedy when a defendant has attempted to tarnish a plaintiff’s reputation..
• Contract Disputes: Contract disputes occur when a disagreement about the terms and conditions arises. This could happen because the contract was not documented clearly enough to avoid misunderstandings between parties. Disputes could be part or whole; however, a suit follows to ensure recovery when a breach that causes loss occurs. 
• Personal Injury: Personal injury is the legal term for injury to the body, mind, or emotions, in contrast to injury to property. Suits are filed against the person who caused harm via careless conduct or negligence.

What is a Class Action Lawsuit in Delaware?

A class-action lawsuit is a type of case that entails the consolidation of legal claims by several plaintiffs against a defendant. In a typical class action, the plaintiffs involved are mostly about 20 to 50 or even more individuals. The suit is filed with the aim of collective representation as members, or a member of the class represents the interests of other plaintiffs.

The provisions of Rule 23 of the Delaware Rules of Civil Procedure in the Superior Court note that the representative’s claims and defenses should correlate to those of the class and that the representative parties should adequately protect the interests of the class. This statute also states that a class action cannot be dismissed without the court’s approval and notice by mail to every class member. After the lawsuit has succeeded, the settlement proceeds disbursement begins with class members showing proof of membership before receiving specific percentages.

How do I File a Claim in a Delaware Small Claims Court?

Filing a claim in the Delaware Justice of the Peace Court is usually a transparent and easy process. It requires the petitioner or the representing attorney to visit the small claims department in the same county where the person or business to be sued is located to file a statement of the claim form. If the suit involves an individual, the petitioner is expected to provide the first name, initials or middle name, and the defendant’s last name. However, if the case is against a business owned by one person, the plaintiff will first need to fill out both the individual’s name and the company name. Furthermore, suits against corporations will only require the name of the corporation. As a plaintiff in Delaware, there is a limited amount of time provided for filing, depending on the type of lawsuit. For contract cases, if the defendant does not finalize the filing within three years, a plaintiff can lose the right to sue.

Do I Need a Small Claims Lawyer?

Legal representation has many advantages, but it may be unnecessary in the case of small claims. Lawyers are typically not required since the process is less complicated than other judicial proceedings. Although a plaintiff can hire a lawyer as Delaware has no strict regulation prohibiting it; it is also not mandatory because the proceedings in a small claims court are concise. Hiring a lawyer for representation might make the process somewhat expensive.

How do Class Action Lawsuits Work in Delaware?

Class action lawsuits typically arise out of disputes between people and businesses or other institutions. This lawsuit requires adequate legal representation as the process begins by filling out a complaint form.  The complaint form outlines in detail what the defendant has done or has failed to do, the harm inflicted, and the judicial grounds for the suit.

After completing the form, the defendant will receive a copy and will need to respond. The respondent is required to give a concise account of the allegations and file counterclaims against the plaintiff if need be. Once this is achieved, court proceedings can kick off.

The trial requires a representative from both parties to appear in court with evidence for the claims or defenses. The time frame to finalize a class action lawsuit differs from case to case because each case has its peculiarities. Generally, class action lawsuits can take nine months to one year before completion.

Is a Class Action Better Than a Single Party Suit?

Class actions generally cover many procedures and also consume time. Coordinating a class action often requires substantial effort from multiple plaintiffs to align their claims and secure appropriate legal representation, making it more cumbersome than single-party litigation. In contrast, individual lawsuits typically involve only one plaintiff and an attorney, which can expedite the legal process and may increase the likelihood of a successful outcome compared to class actions.