How to file small claims in Delaware

Sue for up to $25,000 in the Justice of the Peace Court; filing fee around $45.

Delaware's Justice of the Peace Courts hear claims up to $25,000 — one of the highest small-claims caps in the U.S.

• Dollar limit: $25,000 — $25,000 in the Justice of the Peace Court — one of the highest caps in the country.
• Filing fee: $45 — About $40–$50 plus service.
• Where to file: Justice of the Peace Court
• Lawyers at the hearing: allowed

1. Confirm your claim is at or under the dollar limit and within the statute of limitations for your claim type.
2. Send a written demand letter first — most courts expect it, and it often gets you paid without filing.
3. Get the correct filing form (often a "Statement of Claim" or "Plaintiff's Claim") from the Justice of the Peace Court clerk or the court's website.
4. File the form with the Justice of the Peace Court for the county where the defendant lives or where the dispute happened, and pay the filing fee.
5. Arrange service of process so the defendant is officially notified (by the sheriff, certified mail, or a process server, per local rules).
6. Gather your evidence — contract, texts, photos, receipts, the demand letter — and bring organized copies to your hearing.
7. Show up on your court date and present your case; if you win, ask the judge how to collect the judgment.

What are you suing for?

• Suing for unpaid loan in Delaware: 3 years to file
• Suing for security deposit in Delaware: 3 years to file
• Suing for property damage in Delaware: 2 years to file
• Suing for unpaid rent in Delaware: 3 years to file
• Suing for contractor dispute in Delaware: 3 years to file

Source: Del. Code tit. 10, § 9301. Reviewed 2026-06-17 (verify with the court clerk).

Nearby states: Maryland ($5,000) · Pennsylvania ($12,000) · New Jersey ($5,000).

General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.

Updated July 2026