Delaware Small Claims Court Guide
Everything you need to know about filing a small claims case in Delaware.
Maximum Claim
$25,000
Filing Fee
$45–$55
Fee waiver available
Court Name
Justice of the Peace Court
Hearing Timeline
30–60 days from filing
Find your courthouse in Delaware
Search by city, county, or ZIP code to get the courthouse address, phone number, hours, and filing options.
How Much Can You Sue For in Delaware?
In Delaware, individuals can file small claims cases for up to $25,000. This limit applies to both individuals and businesses.
Delaware Small Claims Court Filing Fees
| Claim Amount | Filing Fee |
|---|---|
| Claims up to $15,000 | $45 |
| Claims $15,001–$25,000 | $55 |
If you cannot afford the filing fee, you may qualify for a fee waiver. Ask the court clerk for a fee waiver application when you file.
Statutes of Limitations in Delaware
You must file your claim within the time limits below, or the court will dismiss your case regardless of its merits.
3
years — written contract
3
years — oral contract
2
years — property damage
2
years — personal injury
Ready to take action in Delaware?
A demand letter often resolves disputes before court. Our free guide shows you how to write one in minutes.
Read the demand letter guideWhere to File in Delaware
Small claims cases in Delaware are handled by the Justice of the Peace Court. Delaware has 3 county Justice of the Peace Courts.
Where to file: File in the county where the defendant lives or where the cause of action arose
Not sure which court you need? Our step-by-step filing guide walks you through finding the right court for your case.
Find your specific courthouse: Search for your county courthouse below ↓ — get the address, phone number, hours, and see if e-filing is available.
How to Serve the Defendant in Delaware
After filing your claim, you must formally notify the defendant. This is called "service of process" and is required before your case can be heard.
Accepted methods: Personal service by sheriff or special process server
Deadline: Service must be completed at least 15 days before the hearing.
Delaware Small Claims Court Procedures
Can I bring a lawyer?
Yes, attorneys are allowed to represent parties in Delaware small claims court.
Can I appeal?
Either party may appeal within 15 days to Court of Common Pleas
Is e-filing available?
Yes, electronic filing is available in Delaware.
Are remote hearings available?
Remote hearings are available in some Delaware courts. Check with your specific court location for current policies.
Official Delaware Court Resources
Find Your Courthouse in Delaware
Select your county to get the courthouse address, phone number, hours, and filing options.
Kent County
Dover area
(302) 739-4316
New Castle County
Wilmington area
(302) 323-6070
Sussex County
Georgetown area
(302) 856-1447
Don't see your county? Let us know here!
Ready to take action in Delaware?
A demand letter often resolves disputes before court — our free guide shows you how to write one.
Read the demand letter guide