--- title: "Delaware Small Claims Court: $25,000 Limit, $35-$55 Fee" description: "Delaware small claims court: claims up to $25,000, filing fee $35 to $55. Check your amount and see where to file, from official court pages." url: "https://mcc-solutionsnj.com/tools/small-claims-delaware" --- Free checker · Delaware small claims # Delaware small claims court: the $25,000 limit and how to file Delaware's limit, fees, who can file and the official steps, taken from Delaware's own court pages (checked November 2026). **Short answer.** In Delaware, small claims court covers claims up to **$25,000**. Where to file: To recover court costs against a Delaware resident, the county where the defendant resides. The fee to start a case is **$35 to $55**, depending on the claim. ## Can I file my claim in Delaware small claims? Enter an amount to compare it with the Delaware limit of $25,000. Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). ## 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. 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. ### Delaware filing fees | Fee | Amount | Note | | --- | --- | --- | | 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. ## Want us to handle it? A runner files your papers in person at the clerk's window and sends you a scan of the stamped copy. We file what you prepared; we don't give legal advice. **Price:** Outside New Jersey it goes through our contractor network: quote-based, confirmed before any work starts, and booked once a local contractor accepts. In New Jersey it is from $75 per filing, court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay. [Request a court filing](/notary/court-filing#request) ## Filing a small claim in Delaware, step by step - **Check that your claim fits**Use 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 court**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. - **Fill out the claim and pay the fee**The filing fee in Delaware is $35 to $55, depending on the claim. 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: see the official link below. - **Have the other side served**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. - **Get ready for the hearing**Lawyers: allowed. Bring the contract, receipts, photos, messages and a short timeline, with copies for the judge and the other side. - **After the decision**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. ## Official Delaware links - [Delaware small claims self-help page](https://www.courts.delaware.gov/help/proceedings/jp_startcivil.aspx) - [Delaware online filing](https://courts.delaware.gov/jpcourt/efiling.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) - [Delaware Courts: Justice of the Peace Court Appeals of Civil Cases to the Court of Common Pleas](https://www.courts.delaware.gov/Help/Appeals/ccpjpplaintiff.aspx) 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. **How much does it cost to file a small claim in Delaware?** 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. **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. **Can I appeal a small claims decision in Delaware?** 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. **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. Compare every state: [small claims limits by state](/tools/small-claims-court-limits-by-state) · [Connecticut small claims](/tools/small-claims-connecticut) · [District of Columbia small claims](/tools/small-claims-district-of-columbia) Share ## Put this tool on your own site Free to use. Paste this where you want it to appear. It runs in the visitor's browser, so nothing they enter is sent to us. [See every calculator you can embed](/embed) Filing a small claim in Delaware? ## Small Claims Case Organizer Organize your Delaware case: a demand letter to adapt to Delaware's rules, an evidence checklist, a timeline, hearing notes and a collection log, plus an Excel damages calculator and deadline tracker. [Get the organizer ($19)](/toolkits/small-claims-case-organizer) [Free sample](/toolkits/small-claims-case-organizer#free-starter)14-day full refund Do it yourself ### Delaware Small Claims Court Kit In Delaware, small claims (Justice of the Peace Court (civil)) cover claims up to $25,000. From the official page: The Justice of the Peace Court may not award more than $25,000. [See what's inside ($19)](/toolkits/delaware-small-claims-court-kit) [Free sample](/toolkits/delaware-small-claims-court-kit#free-starter)14-day full refund ## More free checklists and calculators [See all free tools](/free-tools)[Call (908) 444-6373](tel:+19084446373)