Delaware Small claims, small claims is handled by the county/city justice of the peace. The Justice of the Peace Court may not award any amount exceeding $15,000. If your claim exceeds $15,000 you may use the Justice of the Peace Court if you are willing to limit your relief to $15,000. If you choose to do so, you will lose the right to the amount of the claim over $15,000.

   An individual may appear in the Justice of the Peace Court without an attorney. However, if you are unfamiliar with the legal issues and procedures in your case, you may want to consider consulting with a lawyer.

Small claims action may be filed by the landlord for possession of a rented property because of unpaid rent or abuse and misuse of the rented property. If the landlord is seeking back rent along with possession of the unit, this claim may be included in the summary possession action.

However, if the landlord is seeking back rent only and not possession of the unit, a debt action should be filed.

Tenants may also file a landlord/tenant action if they have been wrongfully kept out of the rented property. However, a claim for the return of a security deposit only should be filed as a debt action.

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