Complete guide to filing small claims cases in Delaware. Delaware's small claims limit is $25,000 as of 2026. The Justice of the Peace Court has civil jurisdiction over debt, trespass, replevin, and contractual disputes where the amount in controversy does not exceed $25,000. Delaware does not use a separate lower small claims track; these civil money claims are heard in the Justice of the Peace Court. Always verify current limits with your local court.
Who Can File in Delaware Small Claims Court
An individual may file and appear without an attorney. A business or other artificial entity may file, but to appear without a Delaware attorney it must file a Certificate of Representation (Civil Form 50) with the Chief Magistrate, which must be renewed annually.
Where to File Your Delaware Case
File with the Justice of the Peace Court that serves the location where the defendant lives, does business, or where the dispute happened. Confirm venue with the clerk.
How to File Small Claims in Delaware - Step by Step
- Send a Demand Letter - Before filing, send a formal demand letter giving the defendant a clear deadline to respond. PettyLawsuit generates professional demand letters with Delaware laws cited. $29 to start.
- File Your Claim - If the defendant doesn't respond, file your case at the correct Delaware court. Filing fees are typically $35-$60.
- Serve the Defendant - Service by the Court is included in the filing fee. Special procedures apply when serving a corporation or an out-of-state resident, and the filer should check with the Court for those requirements.
- Attend Your Hearing - Present your evidence and the judge makes a decision, often the same day. Hearing timelines vary by court.
- Collect Your Judgment - If you win, enforce the judgment through legal collection methods.
Common Small Claims Cases in Delaware
- Security deposit disputes with landlords
- Unpaid wages or final paychecks
- Contractor and home repair disputes
- Vehicle accidents and property damage
- Consumer complaints against businesses
- Breach of contract claims
Delaware Court Hearing Tips
- Bring 3 copies of every document (one for you, judge, and defendant)
- Organize documents chronologically in a binder
- Prepare a brief opening statement (2-3 minutes)
- Stick to facts and avoid emotional arguments
- Bring all original documents and receipts
- Dress professionally (business casual minimum)
- Arrive 30 minutes early to find parking and courtroom
Judgment Collection Options in Delaware
- Wage garnishment (court order required, limits vary)
- Bank account levy through the court
- Property liens on real estate
- Payment plans negotiated with the debtor
- Debtor examination to locate assets
Appeals in Delaware
An appeal from a Justice of the Peace Court civil judgment must be filed within 15 days of the judgment and is heard in the Court of Common Pleas.
Filing Costs & Fee Breakdown
Small claims filing fees in Delaware are typically $35-$60. Confirm the current amount with the clerk before filing. If you win, the court may order the defendant to reimburse your filing costs. Many courts offer fee waivers for those who demonstrate financial hardship.
Statute of Limitations in Delaware
Every type of claim has a filing deadline, and the deadline depends on the claim type. Filing after the deadline means your case can be dismissed regardless of its merits. Confirm the current Delaware statute of limitations for your claim type before filing, and send a demand letter as soon as possible to preserve your rights.
Evidence Checklist for Delaware Small Claims Court
- Signed contracts, leases, or written agreements
- Receipts, invoices, and proof of payment
- Photos or videos of damage or defective work
- Email and text message correspondence
- Witness statements or contact information
- Your demand letter and proof of delivery
- Timeline of events organized chronologically
Frequently Asked Questions
What is the small claims limit in Delaware?
The general limit is $25,000. The Justice of the Peace Court has civil jurisdiction over debt, trespass, replevin, and contractual disputes where the amount in controversy does not exceed $25,000. Delaware does not use a separate lower small claims track; these civil money claims are heard in the Justice of the Peace Court. Verify the current limit with the court before filing.
Do I need a lawyer in Delaware small claims court?
An individual may appear without an attorney. A corporation or other artificial entity generally must be represented by a Delaware attorney unless it files a Certificate of Representation (Form 50) that gives a non-attorney officer a temporary and limited right to appear, renewed annually.
How much does it cost to file?
Filing fees are generally $35-$60. Filing fees are set by 10 Del. C. Section 9801 and vary by claim type and amount. Debt claims are $35 for claims under $1,000, $40 for $1,000 to $5,000, and $45 for claims over $5,000; trespass claims use the same tiers; replevin is $55 and landlord/tenant is $45. Confirm current fees with the clerk.
How long do I have to sue in Delaware?
Time limits depend on the claim type. In Delaware, common statutes of limitations are written contracts 3 years, oral contracts 3 years, personal injury 2 years, property damage 2 years. Confirm the deadline for your specific claim.
What if the defendant does not show up?
You can ask the court for a default judgment. You still need to show evidence of your damages.
How long is a judgment enforceable?
Judgment enforcement periods and renewal rules vary. Check with the Justice of the Peace Court clerk.
Can a business represent itself in Delaware Justice of the Peace Court?
A corporation or other artificial entity generally must be represented by a Delaware attorney, but it may file a Certificate of Representation (Form 50) that allows a non-attorney officer a temporary and limited right to appear for the entity. The certificate must be renewed annually.
Where do appeals from the Delaware Justice of the Peace Court go?
Civil appeals from the Justice of the Peace Court are heard in the Court of Common Pleas and must be filed within 15 days of the judgment.