Delaware Civil Court Records

There are six courts in the Delaware court system: the Supreme Court, the Superior Court, the Family Court, the Court of Chancery, the Justice of the Peace Court, and the Court of Common Pleas.

Even though the Justice of the Peace Courts hears claims of less than $25,000, you can file civil suits with claims of more than that amount in higher Delaware courts.

For example, you can go to the Superior Court to file a civil case to get back property worth more than $25,000. The Superior Court can handle issues that cost more than $75,000.

In the same way, you can go to the Court of Common Pleas if you want to sue for personal injuries and want to get up to $75,000.

In terms of appeals, the Superior Court is also an intermediate court of appeal that looks over the lower courts' decisions. On the other hand, the Delaware Supreme Court hears appeals of findings from the Superior Courts.

The Delaware Supreme Court examines lower court judgments and overturns or upholds them based on Article IV of the Delaware Constitution.

Are Delaware Civil Court Records public? Under the Delaware Freedom of Information Act (FOIA), you can look at any information or document that a state government body, like a court, compiles. You can also make copies of a record if it is not sealed by a court order or banned by state law.

Delaware Bankruptcy Records contain the financial records and information of the business or individual filing for bankruptcy. These records also include information about the creditors and other pertinent case information.

You can access and copy bankruptcy records in Delaware under 11 USC § 107.

Filing for bankruptcy in Delaware allows an honest debtor to avoid suffering and repay creditors. Often, debtors pay back their creditors by selling or reorganizing their assets.

Since the state courts don't have any power over bankruptcy cases, all bankruptcy filings must be in the United States Bankruptcy Court, District of Delaware.

You can file for bankruptcy under one of the different chapters (like Chapter 7, Chapter 11, or Chapter 13) of the state bankruptcy code based on your overall situation and the outcome you want.

How To Find Delaware Bankruptcy Records?

Case Management/Electronic Case Filing (CM/ECF) lets you do searches for court dockets and general information about a case. Another online tool, Public Access to Court Electronic Records (PACER), allows you to view and download copies of bankruptcy case files.

At the Bankruptcy Court Clerk's office, you can get photocopies and certified copies of Delaware Bankruptcy Records for a fee. You must send a written request that lists the documents you want and how many copies you wish to acquire.

A bankruptcy court record in Delaware specifies the following:

• Case number
• The company or debtor's name
• The debtor's gross income and income sources
• The filing date
• Case status
• Investments such as stocks, businesses, real estate, and bank deposits
• An inventory of both secured and unsecured creditors
• Each creditor's address and contact information
• The sum owing to each creditor
• Briefing on the presenting attorney
• The trustee's name (a trustee oversees the allocation of a debtor's assets to creditors)
• Bankruptcy judge's name

A legal claim made against the assets of a debtor in Delaware is called a property lien on the Delaware Civil Court Records. The creditor can seize the property if the owner doesn't pay their debts.

A Delaware property lien acts as collateral to guarantee the repayment of debts. Real estate, vehicles, jewels, and other goods are all subject to liens.

In the Delaware Court's 2019 Statistical Information, there were 2,329 property liens filed throughout the year, accounting for 20% of all 2019 civil cases in the state.

Part II of Title 25 of the Delaware Code outlines the state's property lien legislation, and these liens include:

Tax Lien

A Delaware tax lien is a charge that the state or a local government puts on the property of people who don't pay their taxes. The state's Revenue Division takes care of taxpayers who still need to pay their taxes and puts their information on its website until they pay.

Title 25, Chapter 29 § 2901 asserts that tax liens in Delaware include real estate taxes, school taxes, fines for breaking local laws, and fees for using or maintaining water and sewer systems.

Judgment Lien

A judgment lien in Delaware ensures that the creditor receives the appropriate payment. It enables the creditor to receive a certain amount from selling the debtor's property.

A Delaware judgment lien is feasible only for real estate like a house, condo, or land. Unless paid, a judgment lien in Delaware will stay on the debtor's property for ten years.

Mechanic's Lien

Delaware mechanic's liens are liens on private property or funds for a public project. Filing this state lien for work done on privately owned property attaches the fee to simple property ownership, making it harder to sell.

Contractors who have a contract with an owner, design professionals, and subcontractors and suppliers who have a contract with a contractor can file Delaware mechanic's liens.

Mortgage Lien

A mortgage is a loan used to buy real estate. But the lender can take back the property if the borrower doesn't repay the loan.

In Delaware, a mortgage lien gives the creditor security and ensures that the debtor pays them back.

How To Check Delaware Property Lien Records?

On its website, the Delaware Division of Revenue publishes the names of people and corporations having outstanding tax liens.

Under Section 359(b) of Title 30 of the Delaware Code, the division has the authority to publish these names until the affected individual pays the debt, joins a payment plan, or provides evidence of bankruptcy.

You may also search for county-level liens. The New Castle County Recorder of Deeds is the archive for all property transactions and other financial documents in the county, including federal tax liens and mortgages.

It allows online document searches that cost $1 per page. In addition, the subscription search option provides requestors with limitless access to records for a monthly fee of $100.

Delaware Civil Driving Violation Records, also called traffic infractions, are non-criminal offenses committed by drivers, pedestrians, cyclists, and others on the road.

Some of the examples of civil driving violation records in Delaware include:

• Speeding
• Texting while driving
• Ignoring a stop sign
• Running a red light
• Driving without paying attention or being careless
• Following too closely

In Delaware, people who get tickets for civil driving violation records don't have to go to jail. Still, they get license suspensions, fines, and demerit points for a moving violation.

How To Look Up Delaware Civil Driving Violation Records?

You can find driving violation records in Delaware through centralized databases, no matter which court has jurisdiction over the offenses.

Using the CourtConnect, you can get information about a civil driving violation case in the Justice of the Peace Court or the Court of Common Pleas.

Another option is to request a driving record from the Delaware Division of Motor Vehicles (DMV) if you want to see more traffic violations reported in the state.

Typically a Delaware Civil Driving Violation Record contains the following information:

• The subject's personal information
• Traffic infraction committed
• Infraction tickets
• License status (suspended, void, revoked, or valid)

A judge hears the facts in every civil case and decides the parties' remedies unless the case is dismissed or withdrawn. The decision made by the judge is called a judgment.

You can find the judgment laws of Delaware in Title 10 of the Delaware Code, which is called "Courts and Judicial Procedures". These laws explain how to enter, enforce, and pay off judgments in the state.

When a person wins a civil case in Delaware, the court may give them money to compensate for their loss or injury. This money comes from the person who lost the case. But getting this judgment doesn't mean that the debtor (the person who lost) will quickly pay the lump sum plus any interest or agree to a payment plan.

The Delaware Family Court, Justice of the Peace Court, and Court of Common Pleas all tell judgment creditors how they can get their money back. On the Delaware State Courts Self Help page, click "Judgments" under "Civil Matters" to find more of this information and the forms and fees you need.

In Delaware, there are no ways to get a judgment record expunged or sealed. Any judgment rendered by a Delaware court is part of the Delaware Legal Judgment Records. It is permanent whether fulfilled, unsatisfied, renewed, or vacated or if the statute of limitations has expired and the case is no longer ongoing.

How To Look Up Delaware Legal Judgment Records?

CourtConnect, managed by the Delaware judiciary, is a statewide civil case search system where you can get access from anywhere. With this database, you can look for judgments in the Court of Common Pleas, the Justice of the Peace Court, and the Superior Court.

In a Delaware Legal Judgment Record, you can typically find the following:

• The parties' names and addresses and their lawyers
• The date, type, and status of the judgment
• The court's findings and the name of the issuing judge and court
• The total award

The small claims records are part of the Delaware Civil Court Records that provide information on small claims. Within this record are details about the parties, the amount requested, the credit record of the losing party, and the court's decision.

The Delaware Small Claims Courts are a part of the Justice of the Peace Court that tries civil cases. It handles cases where the amount is less than $25,000.

According to the Justice of the Peace Court's Civil Rules, the Small Claims Courts can hear the following civil cases:

• Action on debt
• Return of property
• Acts of trespassing or damages to property
• Summary possession action between a landlord and a tenant

To start a small claims case in Small Claims Court, you must fill out a Small Claims Complaint form, which you can obtain at the relevant Justice of the Peace Civil Court.

You must file the small claims case in the county where the defendant lives or owns the property. You can use this court directory to find the addresses of the Small Claims Courts in Delaware.

How To Look Up Delaware Small Claims Records?

Each Justice of the Peace Court provides access to Delaware court records.

In most instances, you must complete the access application form to look at these court documents. You must write down how you want to get the record on paper, whether in person, by mail, fax, or email.

The request must include the necessary information, such as the case number, the party's name, and any other information that may help the court find the desired case file.

Getting a divorce in Delaware is the same as in most other states. The main goals of any married couple who gets a divorce are to end their marriage and divide their assets and debts.

Alimony may also be a concern if the marriage has been for a long time and the other spouse cannot support oneself after the divorce. The state court will also settle issues on custody, visitation, and child support if there are minor children.

You must have lived in Delaware for at least six months before you can file for a state divorce. If qualified, you can file a petition with the county Family Court where either party resides.

After successfully filing a divorce, the information provided at the beginning and end of the case proceedings will be part of the Delaware Divorce Court Records. In Delaware, there are two main kinds of these records that the court issues and these are:

Divorce Decree

A Delaware divorce decree is a court order that ends a marriage. It is the court's final decision and has information like:

• Names of the divorced parties
• The date and place of divorce
• Alimony
• Child support
• Custody rights like child visitation
• Property divisions

Divorce Record

A divorce record in Delaware has all the information about how a divorce case in the state concluded. This record has the divorce decree, documents from before the trial, and documents made during the trial. These include motions, orders, summonses, court transcripts, assessments, reports, and financial statements.

How To Look Up Delaware Divorce Court Records?

To get Delaware Divorce Court Records, send a request to the county's Family Court Records Department, where the final divorce occurred. Most Delaware Family Courts let you ask for court records in person or by mail.

When requesting these records in person, you must give your name and birth date and show a valid ID, such as a State ID, a driver's license, or a military ID. You must also give the court clerks the divorce date and the full names of the divorced parties.

Send a letter to the Records Department of the Family Court in the county for mail requests. Similarly, this letter must provide all information necessary to locate the requested records. The letter should include the divorce parties' names, the date and place of the divorce, and the requester's name, date of birth, and notarized signature.

Only those who got divorced, their lawyers, or close family members can request copies of Delaware Divorce Court Records.

Probate in Delaware is the court process that shows whether or not a will is valid. It includes all matters and proceedings related to the administration of estates, guardianships, and more.

There are many kinds of records in probate files, but the Delaware Probate Court Records typically have the following:

• Wills
• Bonds
• Petitions
• Accounts
• Inventories
• Administrations
• Orders
• Decrees
• Distributions

If you know the Delaware probate laws, you can figure out how the Probate Court manages, taxes, and divides the estate in the state, and it could help you solve complicated genealogical problems.

In many cases, the abovementioned documents are the only way to find information like the date of death, the names of the decedent's spouse, parents, children, siblings, relatives, in-laws, friends, neighbors, and where they lived.

Where can you find Delaware Probate Court Records? The Delaware County Probate Court has estate court records from January 20, 1950, to the present. You can find some of the records on-base (since 2003), on microfiche, and microfilm.

For the dates before January 20, 1950, visit the Records Center for the desired probate records.

To sum up everything on Delaware Civil Court Records, there are two ways you can find out about court cases in the state.

The first one is to use CourtConnect. It is a database of civil cases heard in the Court of Common Pleas, Superior Courts, and Justice of the Peace Courts. To see court cases, you must provide the names of people or businesses involved.

You can also look for civil cases on the Delaware court's website. There, you can search for updated opinions and orders from different courts. On the web page, you have to provide the name of the court and the decision date to look up court cases in the state.