Short answer. In Delaware, small claims (Justice of the Peace Court (civil)) cover claims up to $25,000. Where to file: To recover court costs against a Delaware resident, the county where the defendant resides. Delaware's filing fee wasn't on the official page we checked; ask the clerk.
Can I file my claim in Delaware small claims?
Enter an amount to compare it with the Delaware limit of $25,000.
Delaware small claims at a glance
- 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.
- Court
- Justice of the Peace Court (civil)
- 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.
- Lawyers
- Allowed
- Where to file
- 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.
- Serving the other side
- 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.
Filing fee amounts are on the Justice of the Peace Court fee schedule, which was not confirmed here. Service by the court is included in the filing fee unless you use a special process server or sue an out-of-state defendant. A $10 charge applies to each witness subpoena; entities appearing without a lawyer pay a $20 annual registration for the Certificate of Representation.
Not confirmed for Delaware: filing fees, appeals. The official Delaware page we checked didn't state these, so we left them out. Ask the clerk or see the official page.
Filing a small claim in Delaware, step by step
- Check that your claim fitsUse the checker above: the Delaware limit is $25,000, and the official wording is in the summary. Count only what you can show with papers or photos.
- Pick the right courtTo 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.
- Fill out the claim and pay the feeFiling fee amounts are on the Justice of the Peace Court fee schedule, which was not confirmed here. Service by the court is included in the filing fee unless you use a special process server or sue an out-of-state defendant. A $10 charge applies to each witness subpoena; entities appearing without a lawyer pay a $20 annual registration for the Certificate of Representation. Online filing: see the official link below.
- Have the other side servedThe 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.
- Get ready for the hearingLawyers: allowed. Bring the contract, receipts, photos, messages and a short timeline, with copies for the judge and the other side.
- After the decisionAppeal rules for Delaware weren't on the page we checked. Ask the clerk right away if you want to challenge a decision, since deadlines are short.
Official Delaware links
- Delaware small claims self-help page
- Delaware online filing
- Delaware Courts: Justice of the Peace Court civil proceedings
- Delaware Courts: Justice of the Peace Court FAQs
Last checked November 2026.
General information checked against the official Delaware pages above, not legal advice. MCC Solutions isn't a law firm and isn't affiliated with any court. Rules and fees change: the official page and the clerk have the final word. The checker runs in your browser, and nothing you enter is sent or saved.
Delaware small claims questions
What is the small claims limit in Delaware?
$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.
Can a lawyer represent me in Delaware small claims?
Allowed in Delaware, per the official page. 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.
Where do I file a small claim in Delaware?
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.
How is the other side served in a Delaware small claims case?
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.
Can I file a Delaware small claim online?
The official link for online filing in Delaware is https://courts.delaware.gov/jpcourt/efiling.aspx. Check whether it covers your court and your type of case.
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