---
title: "How to Serve Small Claims Papers in Delaware | MCC Solutions"
description: "How a Delaware small claims case is served, from the court's own guide: The court attempts service, and its cost is included in the filing..."
url: "https://mcc-solutionsnj.com/notary/process-serving/how-to-serve-papers-in-delaware"
---

Process serving · Delaware

# How to serve small claims papers in Delaware

Delaware's Justice of the Peace Court (civil) lists this method: The court attempts service, and its cost is included in the filing fee. The court does not serve out-of-state defendants; special process servers are listed by the court. Because the court starts that step itself, you may not need a private server unless the court tells you service failed.

Get a Delaware serve quoted

✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials)

🌙 We're off the clock. Your case isn't.

Send the details tonight and we'll quote it first thing when we open in the morning. Upload the papers with the request so nothing waits on us.

 [Send the request](/notary/process-serving#request)

**Price**Quoted per job in Delaware (New Jersey serves are from $150 per address)

**Where we cover**Delaware, through vetted local process servers and vendors

Here is how Delaware's small claims court says the papers reach the other side, and where a process server fits.

| Court | Justice of the Peace Court (civil) |
| --- | --- |
| Service | The court attempts service, and its cost is included in the filing fee. The court does not serve out-of-state defendants; special process servers are listed by the court. |
| Where the case is filed | To recover court costs against a Delaware resident, the county where the defendant resides. Summary possession (landlord-tenant): the court nearest the rental property, in its county. |
| Small claims limit | $25,000. The Justice of the Peace Court may not award more than $25,000. It can't hear personal injury or mental anguish claims. |
| Filing fees | Debt or trespass claim under $1,000: $35; Debt or trespass claim, $1,000 to $5,000: $40; Debt or trespass claim over $5,000: $45; Replevin action: $55; Subpoena, each witness: $10 |
| Who can file | Individuals, and businesses or other entities. An entity can appear without a lawyer only with a Certificate of Representation (Civil Form 50), renewed every year. |

## When we can help in Delaware

We book a vetted server near the address, share the papers and the date the court needs, and return the completed proof of service to you.

The full Delaware small claims page, with limits and fees, is [here](/tools/small-claims-delaware).

[Alabama](/notary/process-serving/how-to-serve-papers-in-alabama) · [all states](/notary/process-serving/how-to-serve-papers-by-state) · [serving someone in another state](/notary/process-serving/serve-someone-in-another-state)

If you represent yourself, you are responsible for your documents: what they say, that they are complete and signed, which court they go to and that they are filed on time. We are not lawyers, we do not give legal advice or draft pleadings, and we cannot guarantee any legal outcome. We file, serve or pull exactly what you send.

## Sources

- [Delaware Courts: How to Start a Civil Action in the Justice of the Peace Court](https://www.courts.delaware.gov/help/proceedings/jp_startcivil.aspx)
- [Delaware Courts: Justice of the Peace Court civil proceedings](https://courts.delaware.gov/jpcourt/jpcivil.aspx)
- [Delaware Courts: Justice of the Peace Court FAQs](https://courts.delaware.gov/help/proceedings/jp_faqs.aspx)
- [Delaware Courts: Justice of the Peace Court Civil Fees (updated 11/05/2021)](https://www.courts.delaware.gov/Help/fees/jpfees.aspx)

### Before you send

- Send the papers to serve as a PDF, with every page in order.
- Give the best address, a description or photo of the person, and the times they're usually home.
- Up to three attempts at different times of day are included.
- You get a notarized affidavit of service once service is made.
- Rules on who may serve papers vary by state. The desk confirms them for your state before assigning a server.

### Prefer to talk?

Call the desk and we'll take the request by phone.

## Questions

**Who serves small claims papers in Delaware?**

The court's guide says: The court attempts service, and its cost is included in the filing fee. The court does not serve out-of-state defendants; special process servers are listed by the court.

**What does a Delaware serve cost?**

Outside New Jersey every serve is quoted per job, because local server rates and travel differ. We confirm the price before any work starts.

**Can you tell me if service was done correctly?**

No. The Delaware court decides whether service was proper. We send you the server's proof of service so you can file it.

## Want us to handle it?

Get a Delaware serve quoted[Call (908) 444-6373](tel:+19084446373)