Delaware (DE)
Small Claims Court in Delaware
Reviewed May 11, 2026
Suing for under $25,000 in Delaware? You do not need a lawyer. This page covers the rules, the filing fee, the forms, and what to bring on hearing day - written for people who have never been to court.
Delaware small claims at a glance
- Jurisdictional limit
- $25,000
- Filing fee
- $40-$100
- Court name
- Justice of the Peace Court
- Controlling statute
- 10 Del. C. § 9301
- Attorneys permitted
- Yes
- Appeal window
- 15 days
The 5-step process in Delaware
- Send a demand letter. Many Delaware courts expect proof of a pre-suit demand attempt. See our demand letter guide for a template.
- File the complaint. Pay the $40-$100 filing fee at the justice of the peace court. The clerk assigns a case number and a hearing date.
- Serve the defendant. Delaware typically requires sheriff service, process server, or certified mail with return receipt. Personal service by the plaintiff is usually not allowed.
- Prepare for the hearing. Bring three copies of every document, a one-page chronology, the demand letter with proof of service, and an itemized damages calculation.
- Collect after you win. A judgment is a piece of paper. Collection in Delaware happens via wage garnishment, bank levy, or property lien - a separate process that can take 3-12 months.
Attorneys in Delaware small claims
Attorneys may represent parties.
Common questions about Delaware small claims
How much can I sue for in Delaware small claims court?
Delaware small claims court handles claims up to $25,000. If your claim is worth more, you can still use small claims by agreeing to drop the amount above the limit, or you can file in regular civil court instead.
How much does it cost to file a small claims case in Delaware?
The filing fee in Delaware is typically $40-$100, paid at the justice of the peace court. If paying the fee would be a hardship, most courts let you ask for a fee waiver.
Can a lawyer represent me in Delaware small claims court?
Attorneys may represent parties. Either way, most people handle small claims on their own — the process is designed to be used without a lawyer.
How long do I have to appeal a small claims decision in Delaware?
You generally have 15 days after the judgment is entered to file an appeal in Delaware. Check the paperwork the court gives you for the exact deadline and where to file.
Do I need a lawyer to file a small claims case in Delaware?
No. Small claims court in Delaware is built for people representing themselves. You bring your documents, explain what happened in plain terms, and the judge decides. Organizing your evidence ahead of time is the most useful step you can take.