Small Claims Court Delaware: How to File and Resolve Disputes


  1. What is Small Claims Court in Delaware?
    Small Claims Court in Delaware is part of the Justice of the Peace Court system. It provides a simplified legal process for resolving disputes involving limited monetary amounts without requiring extensive legal representation.

  1. Who Can File in Delaware Small Claims Court?
  • Individuals: Anyone over 18 years old. Minors must have a parent or guardian file on their behalf.
  • Businesses: Corporations, partnerships, and sole proprietors can file claims within the monetary limit.

  1. Monetary Limits in Delaware Small Claims Court
  • Maximum Claim Amount: $25,000, excluding court costs and interest.

  1. What Types of Cases Does Delaware Small Claims Court Handle?
  • Unpaid Debts: Recovering loans, wages, or invoices.
  • Property Damage: Seeking compensation for repair or replacement costs.
  • Breach of Contract: Resolving disputes over unfulfilled agreements.
  • Consumer Complaints: Addressing defective products or poor services.
  • Landlord-Tenant Issues: Claims for unpaid rent or security deposit refunds.

  1. Steps to File a Claim in Delaware Small Claims Court

Step 1: Identify the Proper Court

File your claim in the Justice of the Peace Court that has jurisdiction over:

  • Where the defendant resides, works, or conducts business.
  • Where the incident or dispute occurred.

Visit the Delaware Courts website to locate the appropriate court.

Step 2: Complete the Required Forms

Obtain and complete the following forms:

  • Complaint Form (J.P. Civil Form No. 1): Summarizes the details of your case, including the amount claimed and the reason for filing.
  • Summons Form: Used to notify the defendant of your claim and court date.

Step 3: File Your Claim

  • File the completed forms in person or by mail at the designated Justice of the Peace Court.
  • Pay the filing fee, which ranges from $30 to $50, depending on the claim amount.

Step 4: Serve the Defendant

You must serve the defendant with court documents through one of the following methods:

  • Certified Mail: Sent by the court clerk.
  • Constable Service: Delivered by a court-appointed constable.

Service fees typically range from $30 to $50, depending on the method used.

Step 5: Prepare for the Hearing

  • Collect all evidence to support your claim, such as:
    • Contracts or agreements
    • Receipts or payment records
    • Photos or other visual proof
    • Written communication (emails or letters)
  • Rehearse presenting your case concisely and confidently.

Step 6: Attend the Hearing

  • Arrive early and bring all necessary documents.
  • Present your case respectfully, focusing on facts and evidence.

  1. Costs of Filing a Small Claim in Delaware
  • Filing Fees: $30–$50 based on the claim amount.
  • Service Fees: $30–$50 for certified mail or constable service.
  • Additional Costs: Fees for enforcing a judgment, such as wage garnishment or liens.

  1. What Happens After the Hearing?
  • Judge’s Decision: The judge typically announces the ruling at the end of the hearing or shortly afterward.
  • Judgment Enforcement: If the defendant doesn’t comply, you can pursue enforcement actions like wage garnishment or property liens.
  • Appeals: Either party can appeal the decision within 15 days of the ruling.

  1. Alternatives to Filing a Small Claim
    Before filing a claim, consider alternative dispute resolution options:
  • Mediation: Delaware offers free or low-cost mediation services to help parties reach a mutual agreement.
  • Negotiation: Attempt to settle the matter directly with the other party.

  1. Frequently Asked Questions (FAQs)
  • Can I have a lawyer in Delaware Small Claims Court?
    Yes, but legal representation is not required, and many people choose to represent themselves.
  • Can I file a claim online in Delaware?
    Currently, Delaware does not offer online filing for small claims. Forms must be submitted in person or by mail.
  • What if the defendant doesn’t show up?
    The court may issue a default judgment in your favor.
  • How long does it take to resolve a small claim?
    Most cases are resolved within 30–90 days, depending on court schedules.
  • Can I recover court costs if I win?
    Yes, the court may order the defendant to reimburse filing and service fees.
  • What happens if my claim exceeds $25,000?
    You must file your case in a higher court, such as the Delaware Superior Court.

  1. Conclusion: Filing a Claim in Delaware Simplified
    Delaware Small Claims Court provides an efficient and cost-effective way to resolve disputes under $25,000. By following the steps outlined above and preparing thoroughly, you can confidently present your case and work toward a fair resolution.