Sat 19 Nov 2005
Delaware Small Claims Court
Posted by Mark LyonCourt Name: Small Claims Court
Dollar Limit: $15,000.
Where To Sue: Any county.
Service: Certified mail, sheriff, deputy, coroner, constable, or court-designated individual.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: No provision.
Appeals: By either side for new trial; to Superior Court within 15 days.
Special provisions: Jury trial generally not allowed. Defendant must file written answer within 15 days after service is made, or will lose by default. Interest due on any cause of action may be added to the claim, even if adding it will make the amount exceed $15,000. Counterclaims: If defendant's counterclaim against plaintiff exceeds $15,000, plaintiff can still pursue the counterclaim in Justice of the Peace Court since there is no provision for transfer to another court. If defendant wins the counterclaim, two options are available: (1) the court will note the outcome on the record and defendant can prosecute the cause of action in higher court, or (2) defendant may waive the excess over $15,000 and accept $15,000 as the judgment.
Entity to Sue: Sony BMG is a Delaware-based General Partnership with its principal place of business in New York. It, however, does business in all fifty states. The Court should serve a copy of the complaint on:
- SONY BMG Music Entertainment
- c/o Corporation Service Company, Registered Agent
- 2711 Centerville Road, Suite 400
- Wilmington, DE 19808
- (302) 636-5401
Court rules may change at any time. Contact the Clerk of your local Court to verify the accuracy of this information and to get copies of any necessary forms.