Delaware Small Claims Court Guide 2025

Filing in Delaware Small Claims Court

Delaware small claims cases are heard in Justice of the Peace Court. The maximum you can sue for is $25,000. Filing fees range from $40 to $175 depending on the amount of your claim.

Step-by-Step: Filing Your Claim

1. Confirm your claim fits — It must be under $25,000 and a type of civil matter handled by Justice of the Peace Court.
2. Send a demand letter — Before filing, send the other party a written demand. This is often required and may resolve the dispute.
3. Get the forms — Visit your local Justice of the Peace Court or check the Delaware court system website for the small claims complaint form.
4. File and pay — Submit your completed form and pay the filing fee ($40–$175).
5. Serve the defendant — The defendant must be officially notified. The court clerk can explain the service options.
6. Prepare your case — Gather contracts, invoices, photos, emails, and any witnesses.
7. Appear at the hearing — Present your case clearly and concisely. The judge will ask questions.
8. Collect your judgment — If you win, you still need to collect. The court doesn't do this for you.

What You Can Sue For in Delaware

• Unpaid invoices or debts
• Security deposit disputes
• Minor property damage claims
• Breach of contract (small amounts)
• Refunds for defective goods or services
• Personal loans