10 Del. C. § 5109: Cases within jurisdiction of justice of the peace brought in Superior Court.

If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.