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How to File a Small Claims Case in Delaware (2026)

Updated June 10, 2026 · Self-help guide, not legal advice. Verify details with your local court.

Bottom line: In Delaware, you can sue for up to $25,000 in small claims court. You file the "Civil Complaint (Justice of the Peace Court)" at the Delaware Justice of the Peace Court; the filing fee is typically $35-$50, and you do not need a lawyer.

$25,000Maximum claim

$35-$50Filing fee

Civil Complaint (Justice of the Peace Court)Form to file at the Delaware Justice of the Peace Court

How to sue in Delaware small claims court

Send a demand letter first. Put your demand in writing (the amount owed + a deadline) before filing - many courts expect it and it often settles the dispute.
Confirm the defendant's exact legal name and address. For a business, look it up on the Delaware Secretary of State website and sue the registered entity.
Complete and file the Civil Complaint (Justice of the Peace Court) at the Delaware Justice of the Peace Court. The filing fee is typically $35-$50.
Serve the defendant per Delaware rules (a non-party adult, sheriff, process server, or certified mail), then file the Proof of Service with the court.
Prepare your evidence (contracts, photos, texts, receipts - 3 copies of each) and attend your hearing.

Statute of limitations by claim type

Claim type	Typical deadline to sue
security deposit	1-6 years (deposit claims often have their own short deadline; many states require return within 14-30 days of move-out)
unpaid invoice	written contract typically 3-6 years; oral 2-4 years
unpaid loan	written 3-6 years; oral 2-4 years
breach of contract	written contract typically 3-6 years (CA 4, TX 4, FL 5); oral 2-4 years
property damage	typically 2-6 years (TX 2, CA 3, FL 4)
refund	written contract / warranty typically 3-6 years; consumer-protection deadlines vary
other	commonly 2-6 years depending on whether the claim is written, oral, or property-based

Deadlines vary by state and claim - always verify the Delaware statute of limitations for your specific situation before filing.

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Delaware small claims FAQ

How much can you sue for in small claims court in Delaware?

Up to $25,000 in Delaware small claims court (2026).

What form do you file for small claims in Delaware?

You file the "Civil Complaint (Justice of the Peace Court)" at the Delaware Justice of the Peace Court. The filing fee is typically $35-$50.

Do you need a lawyer for small claims in Delaware?

No. Small claims court is designed for self-represented people; you do not need a lawyer to file in Delaware.

How long do you have to file a small claims case in Delaware?

It depends on the claim type - commonly 2-6 years. Verify your specific deadline (statute of limitations) for Delaware before filing.

Small claims guides for other states

Alabama Alaska Arizona Arkansas California Colorado Connecticut Florida Georgia Hawaii Idaho Illinois Indiana Iowa

GetSmallClaims is not a law firm and this is not legal advice. Court limits, fees, forms, and deadlines change - verify with the Delaware Justice of the Peace Court before filing.