New Castle County Small Claims Court
How to file a small claims case in New Castle County, DE. Courthouse locations, hours, fees, and filing options for the Wilmington area.
Small claims in Delaware — the numbers for New Castle County courts
$25,000
maximum claim
from $35
filing fee (published, varies by claim)
2–3 yrs
filing deadline by claim type
Yes
e-filing accepted
Published court information — verify before acting. See the full Delaware small claims guide · The form that starts a case (CF01): every field explained.
Main Courthouse
Justice of the Peace Court 13
2 Penns Way, Suite 203
New Castle, DE 19720
Other Courthouse Locations
Justice of the Peace Court 9
757 North Broad Street, Middletown Square Shopping Center
Middletown, DE 19709
Serves: Serves parts of New Castle County, including the Middletown area. Parties should contact the court to confirm jurisdiction.
How to File in New Castle County
E-filing available
This county accepts electronic filing for small claims cases.
File in person
Bring your completed forms to the courthouse clerk during business hours. Pay the filing fee by cash, check, or credit card.
File by mail
Most small claims courts accept filing by mail — check with this courthouse first. Typically you mail your completed forms with the filing fee (check or money order) plus a self-addressed stamped envelope for your returned copies.
Important for New Castle County: Wilmington area. Delaware small claims limit is $25,000 — one of the highest in the country.
Ready to get your money back?
A demand letter often settles disputes before a case is ever filed — and it only takes a few minutes.
Read the demand letter guideSmall claims rules in Delaware
How much you can sue for
Individuals can sue for up to $25,000.
One of the highest limits in the country
Deadline to file (statute of limitations)
3 yrs written contract · 3 yrs oral contract · 2 yrs property damage · 2 yrs personal injury
Common questions
How much does it cost to file a small claims case in New Castle County?
Filing fees in Delaware are set by the state and run from $35 to $45, depending on how much you're claiming. If you can't afford the fee, Delaware offers a fee waiver — ask the clerk how to apply. Fees change, so confirm the current amount with the court clerk before you file.
What's the most I can sue for in New Castle County?
Small claims cases in New Castle County are limited to $25,000. If your claim is worth more than that, you either have to bring it in a different court or give up the amount above the limit to stay in small claims. The clerk can confirm which court fits your claim.
Can I file online in New Castle County?
Yes — electronic filing is available for small claims in New Castle County. You can also file in person or by mail. The clerk's office can tell you which option is fastest for your case.
Do I have to have a lawyer to file in New Castle County?
Small claims court is built for people representing themselves, and most filers do exactly that. Whether an attorney may appear varies by state — the state guide linked on this page covers the rule where you are, and the clerk can confirm it.
Answers reflect published court data. Court rules and fees change — the clerk is always the authoritative source.