Delaware Small Claims Court
Owed money in Delaware? Here's the dollar limit, the court that hears it, what filing costs — and a free demand letter to send first, which resolves many disputes without a case. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Delaware small claims · as of 2026
- Maximum claim
- $25,000
- Court
- Justice of the Peace Court (civil docket)
- Filing fee
- $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule
- Lawyers at the hearing
- allowed; corporations and other artificial entities may instead appear through a non-attorney under a Certificate of Representation (Form 50, $20 annual registration, Del. Supr. Ct. R. 57)
Source: 10 Del. C. §9301 · verify ↗. Limits and fees change — confirm with the Justice of the Peace Court (civil docket) clerk before filing.
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How to file in Delaware — the short version
- Demand first. Send the letter above by a trackable method and keep proof — judges expect it, and it often gets you paid without a case.
- File with the Justice of the Peace Court (civil docket) where the defendant lives or the dispute happened. Fee: $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule.
- Serve the defendant the way Delaware rules require (clerk, sheriff, certified mail, or process server — ask the clerk). Bad service is the #1 way cases get thrown out.
- Bring evidence: contracts, invoices, photos, messages, this demand letter and its delivery proof, and any witnesses.
- Collect. If you win and they don't pay, ask the clerk about garnishment, levy, and liens.
Check the current Delaware small claims rules before filing.
Frequently asked questions
How much can I sue for in Delaware small claims court?
The limit is $25,000 (as of 2026). Justice of the Peace Court civil jurisdiction covers debt, trespass and replevin claims up to $25,000 - the highest small-claims-type ceiling in the country. There is no separate small claims division; the JP civil docket serves that role, and it also handles landlord-tenant summary possession. Source: 10 Del. C. §9301. If you're owed more, you can sue in the regular civil court instead — or waive the excess and stay in small claims, which is usually faster and cheaper.
Where do I file?
In Delaware, small claims cases are heard by the Justice of the Peace Court (civil docket), generally in the county (or district) where the defendant lives or where the dispute happened. Filing fee: $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule. Check the exact venue rule when you file — filing in the wrong place gets cases dismissed.
Can I bring a lawyer?
In Delaware: allowed; corporations and other artificial entities may instead appear through a non-attorney under a Certificate of Representation (Form 50, $20 annual registration, Del. Supr. Ct. R. 57). Either way, small claims procedure is deliberately informal — you present your story, your documents, and your witnesses directly to the judge.
What happens if I win but they don't pay?
A judgment isn't a check — if the defendant doesn't pay voluntarily, you enforce it: wage garnishment, bank levy, or property liens, depending on Delaware law. The court clerk can point you to the forms. Judgments also accrue interest and stay enforceable for years, so a stubborn debtor doesn't run out the clock quickly.
How does Delaware compare? See the small claims limits in all 50 states, every figure cited to statute.
How Delaware compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Delaware: 10 Del. C. §9301 ↗.
- Small claims limit
Small claims limit: $25,000 — about 3× the national median of $10,000 across the 51 states with a statutory rule.
Ranked #1 of 51 states (tied with 1) — higher means larger disputes can use the small claims process.
1 other state uses the same figure.
Small claims limit in neighboring states — Maryland ($5,000), New Jersey ($5,000), Pennsylvania ($12,000). Delaware's $25,000 is the longest among its neighbors.
The rest of what Delaware requires
The figures below are Delaware's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Delaware page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases over 1 yr; no cap on month-to-month) 25 Del. C. §5514 ↗
- Deposit return deadline · as of 2026
- 20 days after move-out 25 Del. C. §5514 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 60 days 25 Del. C. §5514 ↗
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Notice to cure a lease violation · as of 2026
- 7 days 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Rental application fee · as of July 2026
- Capped at greater of 10% of monthly rent or $50 Delaware Code ↗
- Bill of sale notarization · as of 2026
- Not required Delaware DMV ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness 12 Del. C. §49A-105 (form §49A-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules 6 Del. C. § 18-101(9) ↗
- Recording a deed · as of 2026
- Recorder of Deeds (one per county: New Castle, Kent, Sussex) · no witnesses 25 Del. C. §§ 121–122 ↗
Small claims guide in other states
More Delaware legal forms
Different state? See small claims rules by state →