Delaware Small Claims Playbook: Filing, Service, Hearing and Collecting
Quick answer: Delaware has no separate small claims court. Small civil cases go to the Justice of the Peace Court, for claims up to $25,000. Filing fees run $35 to $55 depending on the claim type, and the court's own service on in-state defendants is included. It can't hear personal injury cases. Check your court's rules.
How small claims works in Delaware
Delaware has no separately named "small claims court." The small-claims-style forum is the Justice of the Peace Court, a single statewide court. It has one civil jurisdiction limit, one fee schedule, one set of JP civil forms and one Civil Booklet. Civil cases are filed at four JP civil locations, one or more per county.
Court name: Justice of the Peace Court (civil). Cases are heard by a Justice of the Peace.
Checked October 2026. Official sources are listed under Sources below.
Does small claims work the same everywhere in Delaware?
- Not county-style: one court, one statewide fee list and one statewide set of forms and rules.
- County only matters for costs: "If the Plaintiff files the case outside of the county where the Defendant... resides, court costs will not be awarded". Summary-possession (eviction) cases must be filed in the court nearest the rental and in that county.
- Appeals go to the Court of Common Pleas "in the county in which said... judgment was rendered".
What is the small claims limit in Delaware?
You can sue for up to $25,000.
- $25,000 — this is the JP Court's general civil jurisdiction limit, not a separate small-claims cap. Delaware has no lower small-claims tier.
- JP Court has civil jurisdiction over contract actions and tort actions for damage, destruction or taking of personal property (incl. replevin), injury to real property and trespass, where "the matter in demand, damage claimed, or the value of the property... does not exceed $25,000".
- Interest can be added on top even if the total goes over $25,000.
- The cap doesn't apply to claims in commercial-lease summary possession actions.
- Over $25,000: you may still file if you give up the excess.
- No personal injury: "the Justice of the Peace Court cannot hear actions involving personal injuries, mental anguish, etc.". Negligence claims must be "not involving physical injury".
- Case types: Debt (money: loans, unpaid bills, unreturned security deposits, unpaid rent), Trespass (damage to property, for example car accident damage), Replevin (getting personal property back), Landlord/Tenant summary possession. The Booklet also lists abandoned property and garage-keeper liens.
- Counterclaims: a defendant must raise any JP-sized claim against the plaintiff or lose it. A counterclaim over $25,000 can be pleaded, but the defendant recovers at most $25,000 there unless they drop it and sue elsewhere.
How much does it cost to file small claims in Delaware?
| Item | Fee |
|---|---|
| Debt or Trespass claim, less than $1,000 | $35 |
| Debt or Trespass claim, $1,000–$5,000 | $40 |
| Debt or Trespass claim, over $5,000 | $45 |
| Replevin action | $55 |
| Landlord/Tenant (summary possession) | $45 |
| Third/fourth/fifth-party action | same as the matching claim fee |
| Subpoena | $10 |
| Entity Certificate of Representation (Form 50) | $20, renewed every year |
- The court's own service is included in the filing fee. Special process servers, out-of-state mail service, Secretary of State service ($50) and Insurance Commissioner service ($25) cost extra.
- Fee waiver: Application and Affidavit to Proceed in Forma Pauperis (Civil Form 49), notarized or signed before a JP. The court also screens the complaint for frivolousness.
- Fees page is dated "Updated 11/05/2021." Card or cash payments aren't accepted after 3:30 p.m. at courts closing at 4:00.
- Later court costs (alias, motion to vacate, execution, constable sale, transcript, revival) are listed in the Playbook section.
Do I need a lawyer for small claims in Delaware?
Not if you're an individual: individuals may appear without a lawyer. A business or other "artificial entity" needs a lawyer unless it first files a notarized Certificate of Representation (Civil Form 50) with the Chief Magistrate, with the $20 fee, under Delaware Supreme Court Rule 57. If a business appeals to the Court of Common Pleas, ask that court's clerk whether it needs a lawyer.
A lawyer may be worth a call if your case is complicated, the other side has one, or a deadline is close.
Can a business sue in Delaware small claims?
- Yes, but an artificial entity can appear without a lawyer only if it first files a notarized Certificate of Representation (Civil Form 50) with the Chief Magistrate, with the $20 fee, and complies with Delaware Supreme Court Rule 57.
- An artificial entity includes corporations, LLCs, partnerships, trusts, estates and trade-name businesses.
- File Form 50 before filing your first pleading, or at least one business day before any appearance, whichever comes first. It runs to January 15 and must be renewed every year.
- Who can be certified: an officer, or a full-time employee with knowledge of the facts. The rep must not be someone whose primary duty is to prosecute or defend Justice of the Peace Court civil actions, and must meet other conditions (no disbarment, no recent dishonesty felony, etc.).
- E-filing required for frequent filers: if your business files five or more cases a year, you must e-file, after free eFlex training.
- A business that appeals to the Court of Common Pleas must have a lawyer.
- Bill of particulars affidavits for entity plaintiffs must be signed by an officer, a partner or a Rule 57 representative.
Who can sue in Delaware small claims?
- Individuals may appear without a lawyer.
- Entities need a lawyer or a Form 50 certificate (see above).
- Name the defendant exactly; you can collect only from the party named. For a sole proprietor, name the owner individually and "dba" the business.
- Ask the clerk whether attorney fees can be recovered in your case.
Small claims court by Delaware county
Delaware has three counties, each with a JP Court civil location; file in the defendant's county to get your court costs back. The three counties (U.S. Census Bureau, Vintage 2023 estimates):
- New Castle County — JP Court 9, Middletown, 757 N. Broad St; or JP Court 13, 2 Penns Way, Suite 203, New Castle
- Sussex County — JP Court 17, Georgetown, 23730 Shortly Rd
- Kent County — JP Court 16, Dover, 414 Federal St, Room 173
Delaware small claims FAQ
What is the small claims limit in Delaware?
$25,000. This is the Justice of the Peace Court's general civil limit, not a separate small-claims cap. Interest can be added on top. The court can't hear personal injury cases.
How much does it cost to file small claims in Delaware?
Debt or Trespass: $35 under $1,000, $40 for $1,000 to $5,000, $45 over $5,000. Replevin: $55. Court service on in-state defendants is included. Fee waiver: Civil Form 49.
Where do I file small claims in Delaware?
At a JP Court civil location: JP Court 9 (Middletown), 13 (New Castle), 16 (Dover) or 17 (Georgetown). File in the county where the defendant lives if you want your court costs back.
Do I need a lawyer for small claims in Delaware?
Individuals may appear without a lawyer.
Can a business sue in Delaware small claims?
Yes, but without a lawyer only if it first files a notarized Certificate of Representation (Civil Form 50) with the $20 fee and complies with Delaware Supreme Court Rule 57.
Where do I find Delaware small claims forms?
On the Delaware Courts site: Civil Form No. 1 Complaint, Civil Form 7 Defendant's Answer, and the JP Civil Booklet.
How long do I have to appeal in Delaware?
15 days from the judgment, to the Court of Common Pleas, for a new trial. Check your court's rules.
Sources
- JP Court jurisdiction
- How To Start a Civil Action in the JP Court
- How to File and Defend a Civil Claim in the JP Court, JP Civil Booklet 04, updated 11/5/21
- JP Court Civil Fees, updated 11/05/2021, citing 10 Del. C. § 9801
- Delaware Code Online
- Delaware Code Online
- Del. Supreme Court Rule 57, entity representation in JP Court
- Civil Form 50, Certificate of Representation
- JP Court locations by jurisdiction
- JP Court home
- Court of Common Pleas fees; JP appeal fee
All checked 2026-10-12.
Related guides: Ready to sue · Just got sued · Small claims court basics · 10 things to do before you sue · How to save text messages as evidence · Sued in small claims? What to do next
Small Claims Starter Kit (basic timeline and checklists).
What's in the Delaware Playbook section
- Where do I file a small claim in Delaware?
- How to file in Delaware: the basic steps
- How much should I ask for in Delaware small claims?
- Certificate of Representation for a business in Delaware
- Where to file in Delaware
- Delaware JP Court forms and fees
- Serving the defendant: options and fees
- How to file a civil claim in Delaware JP Court, step by step (made-up example)
- Delaware JP Court checklist
- Delaware JP Court timeline and deadlines
- What to expect at your Delaware small claims hearing
- Appeals in Delaware JP Court
- Collecting after you win in Delaware
Want the whole game plan for Delaware? The Delaware Playbook takes you from filing to hearing day: what to gather, how to label your exhibits, a one-page timeline, and a day-of plan for your hearing. One yearly membership covers every state guide. See the Playbook
Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.
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This information is for educational purposes only. It is not legal advice.