Delaware Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Delaware: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Delaware
- 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. 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). 10 Del. C. § 9801; JP Court Civil Fees; Starting a Civil Action in JP Court
- Are lawyers allowed?
- Yes. Attorneys may appear, but an individual may appear without one, and entities may use a certified non-attorney representative. JP Court Civil page
- Appeals
- Either party may appeal a civil judgment to the Court of Common Pleas of the county where judgment was entered within 15 days of the final judgment; the appeal is a new trial (de novo). Landlord-tenant possession cases instead go to a three-judge JP Court panel (written request within 5 days after judgment; $60 fee). 10 Del. C. §§ 9571, 9572; 25 Del. C. § 5717; JP Court Civil Fees
Court: Justice of the Peace Court (civil cases; Delaware has no separate small claims court). Last verified: 2026-10-24.
How to file a small claims case in Delaware
- Confirm your case is a debt, property damage, replevin or security deposit claim of $25,000 or less (or give up the excess).
- Get the defendant's exact legal name and address, and fill out the civil complaint (Civil Form No. 1); a business must also file a Certificate of Representation (Form 50) to appear without a lawyer.
- File the complaint with the JP Court in the proper county and pay the $35 to $45 filing fee, or apply to proceed without fees (Form 49).
- The court serves the defendant (included in the fee); the defendant has 15 days after receiving the summons to file an answer in a debt or trespass case.
- Attend the trial on the date in the court's notice and bring your documents and witnesses.
- Either party may appeal to the Court of Common Pleas within 15 days for a new trial.
- If you win and are not paid, request an execution (wage attachment or levy) through the court.
Can you use small claims 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. |
|---|---|
| Who can file | Individuals may file. Businesses, corporations and public bodies may appear without a lawyer only after filing a Certificate of Representation (Civil Form 50), with a $20 annual registration fee. |
| Are lawyers allowed? | Yes. Attorneys may appear, but an individual may appear without one, and entities may use a certified non-attorney representative. Source: JP Court Civil page |
Filing your case
| Where to file | Summary possession cases are filed in the court nearest the rental property, in the county where it is located. For other cases, to recover court costs against a Delaware resident, file in the county where the defendant lives. Court costs are not awarded if the case is filed outside the county where the defendant lives. |
|---|---|
| Official forms | Delaware's small claims (civil) cases are filed in the Justice of the Peace Court using the Complaint, J.P. Civil Form No. 1, which is used for all civil complaint types and is filed with the filing fee. The court may not award more than $25,000. The complaint can be downloaded, picked up at any Justice of the Peace civil court, or completed as an interactive online form; sample complaints and interactive interviews are available for debt, replevin, trespass and landlord/tenant actions. E-filing is mandatory for businesses filing five or more cases a year. |
| 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). |
| Filing online | eFiling is available after registration and training; businesses filing five or more cases a year must e-file. |
| Serving the defendant | The court serves the defendant, and the cost is included in the filing fee; a plaintiff may instead use an approved special process server for an extra fee paid to the server. The court does not serve defendants outside Delaware. If service fails, the plaintiff receives a Notice of Failure to Serve and may request an alias summons. |
Before and at the hearing
| When the hearing happens | After filing and service, the court mails notice of the trial date (unless a debt or trespass defendant admits the amount owed). |
|---|---|
| Does the defendant file an answer? | Yes in debt and trespass actions. The defendant must file a written answer (J.P. Civ. Form 7) within 15 days after receiving the summons, or risk a default judgment. A defendant may demand a bill of particulars in a debt action, which the plaintiff must file within 15 days. Re-verified 2026-10-27. |
| Counterclaims | A counterclaim arising from the same transaction or occurrence and not over $25,000 generally must be filed in the same case. A larger counterclaim may still be brought in JP Court if the defendant agrees to limit any judgment to $25,000. |
| Jury trial | In JP Court, a jury trial may be demanded only in summary possession (landlord-tenant possession) actions, in writing within 10 days of being served. |
| Interpreters | The courts' Court Interpreter Program provides interpreters on request through the Request Interpreter Services page. The page does not state whether there is a charge in civil cases. |
After the decision
| Appeals | Either party may appeal a civil judgment to the Court of Common Pleas of the county where judgment was entered within 15 days of the final judgment; the appeal is a new trial (de novo). Landlord-tenant possession cases instead go to a three-judge JP Court panel (written request within 5 days after judgment; $60 fee). Appeal bond requirements are set by Court of Common Pleas rule. Re-verified and corrected 2026-10-27. |
|---|---|
| Collecting your judgment | The winner can request an execution, such as a wage attachment or levy on property ($30), followed if needed by a constable sale of seized property ($20). A judgment is valid for five years and can be revived by scire facias ($20). |
Deadline to sue
3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years of when the claim accrues. Delaware sets no separate, longer period for ordinary written leases. A written contract involving at least $100,000 may set its own period of up to 20 years. 10 Del. C. § 8106(a), (c)
Official forms and help
Suing a landlord or tenant in Delaware
JP Court hears security deposit return suits, unpaid rent and damage claims up to $25,000, as well as landlord-tenant summary possession (eviction) cases. Possession cases have a jury option and a separate appeal to a three-judge JP panel within 5 days.
- Delaware security deposit demand letter (send before you sue)
- Delaware security deposit law
- Tenant lawyers and free legal aid in Delaware
Delaware small claims FAQ
What is the small claims limit in Delaware?
$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.
Who can file a small claims case in Delaware?
Individuals may file. Businesses, corporations and public bodies may appear without a lawyer only after filing a Certificate of Representation (Civil Form 50), with a $20 annual registration fee.
Can you bring a lawyer to small claims court in Delaware?
Yes. Attorneys may appear, but an individual may appear without one, and entities may use a certified non-attorney representative.
Where do I file a small claims case in Delaware?
Summary possession cases are filed in the court nearest the rental property, in the county where it is located. For other cases, to recover court costs against a Delaware resident, file in the county where the defendant lives.
How much does it cost to file in small claims court in Delaware?
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).
How do I serve the other side in a Delaware small claims case?
The court serves the defendant, and the cost is included in the filing fee; a plaintiff may instead use an approved special process server for an extra fee paid to the server. The court does not serve defendants outside Delaware. If service fails, the plaintiff receives a Notice of Failure to Serve and may request an alias summons.
How long does a small claims case take in Delaware?
After filing and service, the court mails notice of the trial date (unless a debt or trespass defendant admits the amount owed).
Does a defendant have to file an answer in Delaware small claims court?
Yes in debt and trespass actions. The defendant must file a written answer (J.P. Civ. Form 7) within 15 days after receiving the summons, or risk a default judgment. A defendant may demand a bill of particulars in a debt action, which the plaintiff must file within 15 days.
Can the defendant file a counterclaim in Delaware small claims court?
A counterclaim arising from the same transaction or occurrence and not over $25,000 generally must be filed in the same case. A larger counterclaim may still be brought in JP Court if the defendant agrees to limit any judgment to $25,000.
Is there a jury in Delaware small claims court?
In JP Court, a jury trial may be demanded only in summary possession (landlord-tenant possession) actions, in writing within 10 days of being served.
Can you appeal a small claims decision in Delaware?
Either party may appeal a civil judgment to the Court of Common Pleas of the county where judgment was entered within 15 days of the final judgment; the appeal is a new trial (de novo). Landlord-tenant possession cases instead go to a three-judge JP Court panel (written request within 5 days after judgment; $60 fee).
How do I collect a small claims judgment in Delaware?
The winner can request an execution, such as a wage attachment or levy on property ($30), followed if needed by a constable sale of seized property ($20). A judgment is valid for five years and can be revived by scire facias ($20).
Can I file a small claims case online in Delaware?
eFiling is available after registration and training; businesses filing five or more cases a year must e-file.
Can I get an interpreter in Delaware small claims court?
The courts' Court Interpreter Program provides interpreters on request through the Request Interpreter Services page.
Where can I get small claims court forms in Delaware?
Delaware's small claims (civil) cases are filed in the Justice of the Peace Court using the Complaint, J.P. Civil Form No. 1, which is used for all civil complaint types and is filed with the filing fee. The court may not award more than $25,000. The complaint can be downloaded, picked up at any Justice of the Peace civil court, or completed as an interactive online form; sample complaints and interactive interviews are available for debt, replevin, trespass and landlord/tenant actions. E-filing is mandatory for businesses filing five or more cases a year.
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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.