Delaware Small Claims Court Kit: the $25,000 Limit, Filing Guide, Demand Letter, Evidence and Hearing Prep, and a Claim Calculator

Who it is for

People and small businesses with a money claim in Delaware that may fit under $25,000, and people who have been sued there and want the same organized record. 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.

Not the right fit if

Your claim is outside Delaware, over its small claims limit, or needs a lawyer (an injury, a dispute over land, a family case). Not a form preparation or legal service.

Why it is different

• Built only from our Delaware small claims data file, checked November 2026 against Delaware Courts: How to Start a Civil Action in the Justice of the Peace Court; Delaware Courts: Justice of the Peace Court civil proceedings; Delaware Courts: Justice of the Peace Court FAQs; Delaware Courts: Justice of the Peace Court Civil Fees (updated 11/05/2021); Delaware Courts: Justice of the Peace Court Appeals of Civil Cases to the Court of Common Pleas.
• All 9 Delaware facts in the kit are confirmed on an official page.
• Official forms are linked, not copied, so you always file the court's current version.

What is inside

• Start here and is small claims right?. How to use the kit, the 9 confirmed Delaware facts at a glance and a yes/no checklist: is the amount under $25,000, is it the right court, is there someone to serve and something to collect from.
• Delaware filing guide. Where and how to file, from the official pages: 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. 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. From the Justice of the Peace Court civil fee schedule (10 Del. C. 9801; page updated 11/05/2021). Service by the court is included in the filing fee unless you use a special process server or sue an out-of-state defendant. Entities appearing without a lawyer pay a $20 annual registration for the Certificate of Representation. Online filing: https://courts.delaware.gov/jpcourt/efiling.aspx
• Service, the hearing and after in Delaware. 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. Lawyers are allowed. Appeal: To the Court of Common Pleas in the same county within 15 days of the Justice of the Peace Court decision; the case is tried again from the start (de novo). The filing fee is $135 (including the Court Security Assessment), plus $30 sheriff service per address, and a copy of the notice of appeal goes to the JP Court within 10 calendar days. Landlord/tenant possession cases go to a three-judge JP panel instead.
• Demand letter and response tracker. A neutral demand letter to fill in (what happened, the amount, a reply-by date, how to pay), a log of every reply and offer, and a short checklist before sending.
• Evidence organizer and hearing prep. An exhibit list numbered for the judge, a timeline, witness notes, a three-minute opening outline and a hearing-day packing list.
• Delaware small claims workbook (Excel). A claim calculator that adds up your items and compares the total with $25,000, a costs sheet with the Delaware fee list, a deadline sheet in business days that skips weekends and federal holidays, and a collection tracker with the balance owed.