Demand Letter in Delaware

A demand letter asks someone to pay or fix a problem before you go to small claims court. Many judges expect one, and it is useful evidence. Your state's small claims limit and fee are shown below.

What Delaware law says

Small claims limit	$25,000. The Justice of the Peace Court hears debt, trespass (property damage only), replevin, security deposit and landlord-tenant cases and may not award more than $25,000; a plaintiff may sue for a larger claim by giving up the excess. Trespass claims in this court cannot include personal injury or mental anguish. Source: Justice of the Peace Court Jurisdiction page; Starting a Civil Action in JP Court
Filing fee	Debt complaint: $35 (under $1,000), $40 ($1,000 to $5,000), $45 (over $5,000). Service by the court is included in the filing fee; an alias (second service attempt) is $20. A fee waiver is available by notarized application (Civil Form 49). Source: 10 Del. C. § 9801; JP Court Civil Fees; Starting a Civil Action in JP Court

Small claims limit

$25,000. The Justice of the Peace Court hears debt, trespass (property damage only), replevin, security deposit and landlord-tenant cases and may not award more than $25,000; a plaintiff may sue for a larger claim by giving up the excess.

Trespass claims in this court cannot include personal injury or mental anguish.

Source: Justice of the Peace Court Jurisdiction page; Starting a Civil Action in JP Court

Filing fee

Debt complaint: $35 (under $1,000), $40 ($1,000 to $5,000), $45 (over $5,000). Service by the court is included in the filing fee; an alias (second service attempt) is $20. A fee waiver is available by notarized application (Civil Form 49).

Source: 10 Del. C. § 9801; JP Court Civil Fees; Starting a Civil Action in JP Court

Fill it in

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[today's date]

To: [person or business name], [their address]

From: [your name], [your address]

This letter is a formal demand for $[amount demanded] for [what happened, with dates].

[Short list of facts and attached documents: contract, receipts, photos, messages.]

Please pay this amount by [payment deadline] by [payment method].

If I do not receive payment by then, I intend to file a claim in [court name] without further notice.

[your name] [phone or email]

Demand Letter for other states · Delaware tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.