Small Claims Court in Delaware: Complete Guide

Quick Facts

• Court nameJustice of the Peace Court
• Dollar limit$25,000
• Filing fee$35 to $50
• Lawyers allowedYes
• Appeals allowedYes
• Corporations can sueYes

Where to File

The Justice of the Peace Court in the district where the defendant resides or where the cause of action arose.

How to File

File a civil complaint at the Justice of the Peace Court clerk's office. Pay the filing fee. The court will issue a summons and arrange for service on the defendant, typically by certified mail or constable.

Visit Delaware court website

Tips for Your Case

• Delaware has one of the highest small claims limits in the country at $25,000.
• Justice of the Peace Courts handle small claims in Delaware — there is no separate small claims division.
• Bring all original documents and copies for the court and the other party.
• Cases are generally heard within 60 days of filing.
• If you win, the court can help with enforcement through garnishment and levies.

Related Resources

• Statute of limitations in Delaware
• Free legal aid in Delaware
• Tenant rights in Delaware

Frequently Asked Questions

• What is the maximum amount I can sue for in Delaware small claims court?

  The maximum amount you can sue for in Delaware's Justice of the Peace Court is $25,000, one of the highest limits in the country.

• Do I need a lawyer for small claims court in Delaware?

  Lawyers are allowed in Delaware's Justice of the Peace Court but are not required.

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

  Filing fees are approximately $35 to $50.

• Can I appeal a small claims court decision in Delaware?

  Yes. Either party can appeal to the Court of Common Pleas within 15 days. The appeal is a trial de novo.

Sources

• Delaware Courts: Justice of the Peace Court