Delaware Small Claims Court Guide
Everything you need to know about filing a small claims case in Delaware — dollar limits, filing fees, court locations, and step-by-step guidance.
Delaware Quick Facts
Maximum Claim
$25,000
Filing Fee
$35–$100
Court fees added to your case — not due today
Court
Justice of the Peace Court
Overview
Small Claims in Delaware
Delaware small claims court is handled by the Justice of the Peace Court and features one of the most generous jurisdictional limits in the United States at $25,000. This high dollar threshold makes Delaware's small claims court a practical option for resolving significant monetary disputes that would require formal litigation in most other states.
Filing fees in Delaware range from $35 to $100 depending on the claim amount and court location. These fees are recoverable as court costs if you win your case. The Justice of the Peace Court provides a simplified process designed for self-represented litigants, and attorneys are not permitted to appear on behalf of parties.
Delaware's small claims court is commonly used for collecting unpaid debts, resolving landlord-tenant disputes, seeking compensation for property damage, and addressing breach of contract matters. The court can award monetary judgments, including filing fees and court costs. Despite the high dollar limit, the proceedings remain informal and accessible.
To file, you must submit a complaint form to the Justice of the Peace Court serving the area where the defendant lives or where the dispute occurred. After filing, the court issues a summons for service on the defendant. The hearing is typically scheduled within 30 to 60 days. Delaware's high limit and streamlined process make it an attractive venue for both individuals and businesses seeking efficient resolution of disputes.
Where to File
File in the Justice of the Peace Court where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located.
Service of Process
Service may be completed by certified mail, sheriff, or a private process server. Certified mail is commonly used for small claims. The defendant must be served at least 15 days before the hearing.
Statute of Limitations
Written contracts: 3 years. Oral contracts: 3 years. Property damage: 2 years. Personal injury: 2 years. Fraud: 3 years from discovery.
Appeal Rules
Either party may appeal to the Court of Common Pleas within 15 days. The case is retried de novo.
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