How to File Small Claims in Delaware: Complete 2026 Guide

To file a small claims case in Delaware, go to one of the state's civil Justice of the Peace Courts, fill out a Complaint (Civil Form 1), and pay the filing fee. Fees run $35 to $45 for most money claims, based on how much you're asking for. You can sue for up to $25,000. That's tied for the highest small claims limit in the country. Your hearing usually lands 30 to 60 days after you file.

Delaware doesn't have a court called "small claims court." The Justice of the Peace Court, or JP Court, fills that role. It handles money disputes, property damage, and landlord issues. You don't need a lawyer. Most people go in alone and do just fine.

Here's everything you need to know about how to file small claims court Delaware style, from fees to deadlines to the quirks that make the First State different.

Delaware Small Claims at a Glance

What Makes Delaware Different

Every state runs small claims its own way. Delaware has four big quirks you should know before you file.

The $25,000 limit is tied for the highest in America

Most states cap small claims between $5,000 and $10,000. Delaware lets you sue for up to $25,000 in JP Court. Only Tennessee matches that number. So a dispute that would need a real lawsuit in most states fits in Delaware's simple, cheap process.

What if someone owes you more than $25,000? You can still use JP Court. But you give up anything over the cap. If you're owed $27,000, you can sue for $25,000 and let the rest go, or take the case to a higher court.

No personal injury cases

Here's a rule that surprises people. Delaware JP Court cannot hear claims for personal injury or mental anguish. Most states allow injury claims in small claims court. Delaware doesn't. If you got hurt, you need a different court. If your stuff got damaged, JP Court works fine.

Only a few civil courts statewide

Delaware has many JP Court locations, but most handle criminal and traffic cases. Civil cases go to just a handful of courts: Court 13 in Wilmington, Court 16 in Dover, Court 17 in Georgetown, and Court 9 in New Castle. One civil court per county area. Simple.

It's the corporate capital of the world

Delaware has about one million residents and roughly two million registered business entities. More companies than people. If you need to sue an LLC or corporation, there's a good chance it's registered in Delaware, and the state makes it easy to find them. More on that below.

What Kinds of Cases Can You File?

Delaware JP Court hears four types of civil cases.

Debt actions. Someone owes you money. Unpaid loans, unpaid invoices, work you paid for that never got done, unreturned security deposits, unpaid rent. This is the most common case type.

Trespass actions. Someone damaged your property. A car crash that dented your fender. A neighbor's tree that crushed your fence. A contractor who wrecked your floors. You must explain what happened, what got damaged, and how you added up the cost.

Replevin actions. Someone has your stuff and won't give it back. You ask the court to order its return. You'll need a detailed description, the serial number if it has one, and the value.

Landlord and tenant actions. Landlords file these to evict or collect back rent. Tenants can file if they've been wrongly locked out. But if you just want your security deposit back, file a debt action instead.

What you can't file: personal injury, emotional distress, defamation, or anything asking for more than $25,000.

How to File Small Claims in Delaware: Step by Step

Step 1: Send a demand letter first

Delaware doesn't force you to send one, but you should. A formal demand letter tells the other side you're serious. It often gets you paid without ever setting foot in a courtroom. About 70% of disputes settle after a demand letter, no court needed. Judges also like seeing that you tried to fix things first. Here's how to write a demand letter that gets results.

Step 2: Check your deadline

Delaware gives you 3 years to sue over a contract, written or oral. That's shorter than most states. Check the statute of limitations table below and don't sit on your claim.

Step 3: Name the defendant correctly

This step decides whether you can collect later. You can only collect from the exact party named on your claim. Suing a person? Use their full legal name. Suing a sole proprietor? Name the owner and the business: "John A. Doe, individually and dba Delaware Donuts." Suing a corporation or LLC? Use the exact registered name. Look it up free on the Delaware Division of Corporations website.

Step 4: Fill out the complaint

Delaware uses one form for all civil claims: Civil Form 1. Get it at any civil JP Court or download it from courts.delaware.gov. The state also has interactive forms online that walk you through each question. Describe what happened, what you're owed, and how you calculated the amount.

Step 5: File in the right county

File in the county where the defendant lives or does business. This matters more in Delaware than in most states. If you file outside the defendant's county, the court will not award you court costs, even if you win. That means you eat the filing fee and service costs.

Step 6: Pay the filing fee

Debt claims cost $35 if you're asking for less than $1,000. Claims from $1,000 to $5,000 cost $40. Claims over $5,000 cost $45. Replevin costs $55. Can't afford it? Ask for a fee waiver with Civil Form 49. The court checks your income against federal poverty guidelines.

Step 7: The court serves the defendant

Court constables deliver the complaint to the defendant. If the first attempt fails, a second attempt (called an alias) costs $20. The defendant then has a set time to answer.

Step 8: Show up and win

Your hearing is usually 30 to 60 days out. Bring everything: contracts, texts, emails, photos, receipts, your demand letter, and any witnesses. Organize your story in time order. Keep it short and factual. The judge hears small cases all day. Clear beats dramatic.

Delaware Small Claims Filing Fees

If you win, the court can add your court costs to the judgment. So the defendant pays you back for the fees, as long as you filed in the right county.

Where to File: Delaware's Civil JP Courts

Hours and staffing change, so check courts.delaware.gov before you go.

How to Sue a Business in Delaware

Delaware is where America's companies live on paper. Two million entities are registered there. If you're suing one, here's the playbook.

Find the exact legal name. Search the Delaware Division of Corporations entity database. "Joe's Landscaping" might really be "JL Outdoor Services LLC." Sue the real name or your judgment may be worthless.

Find the registered agent. Every Delaware entity must have a registered agent in the state. That agent accepts lawsuits on the company's behalf. The Division of Corporations lists the agent's name and address. That's who gets served.

Know the Form 50 rule. Here's a Delaware quirk that cuts both ways. A corporation or LLC can appear in JP Court without a lawyer if it files a Certificate of Representation (Civil Form 50) with the Chief Magistrate and pays a $20 annual fee. So if you're a small business owner suing a client, you don't need to hire a lawyer either. File Form 50 before you file your complaint.

If a contractor took your money and didn't finish the job, this process works on them too.

Delaware Statute of Limitations

The statute of limitations is your deadline to sue. Miss it and your case gets tossed, no matter how right you are.

Delaware's 3-year contract deadline is one of the shortest in the country. Many states give you 6 years or more. One twist: a written contract can set its own longer deadline, up to 20 years, if both sides agreed to it in the contract (§ 8106(c)). That's rare outside business deals. For most people, assume 3 years and act fast. See how Delaware compares in our state-by-state statute of limitations guide.

Security Deposits: Delaware's 20-Day Rule

Renters, pay attention. Delaware has one of the fastest deposit deadlines in America.

Your landlord has 20 days after your lease ends to return your deposit or send you an itemized list of damages with the difference (25 Del. C. § 5514). Twenty days. Most states allow 30 to 60.

Miss the deadline? The law entitles you to double the amount wrongfully withheld. A $1,200 deposit becomes a $2,400 claim.

Delaware also caps deposits. For a lease of one year or more, the deposit can't be more than one month's rent. And if a landlord charges an illegal application fee, you can claim double that too.

Deposit claims are debt actions in JP Court. They're some of the easiest cases to win because the law is so clear. Here's our full guide on how to get your security deposit back.

You Won. Now What?

A judgment is a piece of paper until you collect on it. Delaware gives you tools, but know the limits.

Wage attachment. You can ask the court to take part of the defendant's paycheck. But Delaware protects 85% of wages from attachment (10 Del. C. § 4913). Only 15% can be taken. That's one of the strictest limits in the country, so collection through wages is slow but steady.

Levy on property. A constable can seize and sell the defendant's non-exempt property. The execution fee is $30.

Interest keeps running. Delaware's legal interest rate is 5% over the Federal Reserve discount rate (6 Del. C. § 2301). In 2026 that works out to roughly 9%. The rate floats with the Fed, and interest builds until the debt is paid. Waiting costs the defendant money.

Judgments can be revived. If a judgment goes stale, a revival filing costs $20. Debts don't just vanish because someone ignored them.

Appeals: The 15-Day Window

Either side can appeal a JP Court civil judgment to the Court of Common Pleas within 15 days. The appeal is heard de novo. That means a brand new trial, from scratch, as if the first one never happened.

Landlord and tenant cases are different. Those appeals go to a special three-judge panel inside the JP Court itself, and the filing fee is $60.

Fifteen days goes fast. If you lose and want to appeal, move right away.

Common Mistakes That Sink Delaware Cases

Filing in the wrong county. You won't get your court costs back, even if you win. File where the defendant lives.

Getting the business name wrong. A judgment against "Joe's Landscaping" is useless if the real entity is "JL Outdoor Services LLC." Check the state database first.

Waiting too long. Three years sounds like plenty. It isn't. Evidence fades, witnesses move, and the deadline arrives faster than you think.

Filing an injury claim. JP Court will not hear it. Property damage yes, personal injury no.

Skipping the demand letter. Most disputes settle before court. Skipping the letter means skipping your best shot at a fast, cheap win.

Frequently Asked Questions

What is the small claims limit in Delaware?

$25,000. That's the most the Justice of the Peace Court can award, and it's tied with Tennessee for the highest small claims limit in the country. If you're owed more, you can waive the extra and still use JP Court.

How much does it cost to file small claims in Delaware?

Debt claims cost $35 for amounts under $1,000, $40 for $1,000 to $5,000, and $45 for anything over $5,000. Replevin actions cost $55. If you can't afford the fee, you can apply for a waiver with Civil Form 49.

Do I need a lawyer for small claims in Delaware?

No. Individuals can represent themselves in JP Court. Businesses can appear without a lawyer too, but they must first file a Certificate of Representation (Civil Form 50) and pay a $20 annual fee.

How long do I have to sue someone in Delaware?

Three years for written or oral contracts, two years for property damage, and four years for sale-of-goods disputes. The clock usually starts when the harm happens, so don't wait.

Where do I file a small claims case in Delaware?

At a civil Justice of the Peace Court: Court 13 in Wilmington, Court 9 in New Castle, Court 16 in Dover, or Court 17 in Georgetown. File in the county where the defendant lives or does business.

Can I sue for personal injury in Delaware small claims court?

No. The Justice of the Peace Court cannot hear personal injury or mental anguish claims. It handles money debts, property damage, return of property, and landlord-tenant cases only.

How long does a Delaware small claims case take?

Hearings are usually scheduled 30 to 60 days after filing. Most cases finish within two to three months, and many settle before the hearing after the defendant gets served.

What happens if my landlord doesn't return my deposit in Delaware?

Delaware landlords have 20 days to return your deposit or send an itemized damage list. If they blow the deadline, you're entitled to double the amount wrongfully withheld. File it as a debt action in JP Court.

Don't Let It Slide

Someone in Delaware owes you money. You have a court that hears claims up to $25,000, filing fees under $50, and no lawyer required. The math is on your side.

PettyLawsuit handles the hard part. We send a formal demand letter instantly, follow up with phone calls and emails, and prep your court filing if it comes to that. Around 70% of cases settle without anyone seeing a courtroom. Start your case at pettylawsuit.com and make the First State work for you.