Small Claims Court in Delaware: How to File, Limits, Fees, and Collection

A practical filing-to-collection guide for Delaware consumers and small businesses dealing with unpaid bills, security deposits, and other money disputes.

1. What is small claims court in Delaware?

Small claims court in Delaware is the Justice of the Peace Court (JP Court). It hears civil money disputes and actions to recover specific personal property up to $25,000, including unpaid bills, property damage, and security deposit cases. Attorneys are allowed but not required. The process is informal and designed for people without lawyers. Most cases reach a hearing in about 4 to 6 weeks after filing.

The JP Court is Delaware's entry-level civil court. It also handles landlord-tenant eviction cases (called "summary possession") and certain misdemeanors, but on the civil side its main job is hearing money disputes under $25,000. Judges in JP Court are often non-attorney magistrates who receive training, so plain explanations of facts and law work best.

Which court hears small claims cases in Delaware?

The court that hears small claims cases in Delaware is the Justice of the Peace Court. There is a JP Court in each of Delaware's three counties (New Castle, Kent, and Sussex), with multiple locations. Cases above $25,000 in pure dollar value belong in the Court of Common Pleas (up to $75,000) or the Superior Court (no cap). Family matters go to Family Court. Cases asking for an injunction or other equitable relief go to the Court of Chancery.

How small claims differs from the regular civil docket

Small claims differs from the regular civil docket in three ways. First, JP Court has a $25,000 cap, while the Court of Common Pleas and Superior Court have higher or no caps. Second, JP Court allows businesses to appear without a lawyer through a Certificate of Representation (Form CF50), which higher Delaware courts generally do not. Third, JP Court offers little to no formal discovery, while higher courts have full discovery, including depositions and interrogatories.

Is small claims court the right forum for your case?

Small claims is the right forum if your case asks for money or specific personal property, the amount is $25,000 or less, the defendant lives or did business in Delaware (or the dispute happened here), and you're not asking the court to order someone to do something other than pay you. If you want a divorce, custody order, injunction, or judgment over $25,000, you need a different court. There is no jury in JP Court small claims.

2. Should you file in Delaware small claims?

You can file in Delaware JP Court if (1) your claim is for money or to get specific personal property back, (2) the amount is $25,000 or less, (3) the claim type isn't excluded (defamation, family law, real estate title, equitable relief, federal-exclusive matters, probate, medical malpractice), (4) Delaware has venue (the defendant is here, or the events happened here), and (5) you have capacity to sue. Unregistered out-of-state businesses cannot file until they register.

Cases small claims can hear in Delaware

Cases small claims can hear in Delaware include unpaid invoices and contracts, security deposit disputes (with statutory double damages), property damage from car accidents or other negligence, personal injury claims under $25,000, bad check cases, breach of warranty, conversion (someone keeping your stuff), unjust enrichment, consumer fraud, unpaid wages, and replevin (getting a specific item back). Commercial landlord rent claims are also heard in JP Court, and those are not capped at $25,000.

Cases small claims cannot hear in Delaware

Cases small claims cannot hear in Delaware include defamation (libel and slander), family law matters (divorce, custody, child support, paternity), real property title and quiet-title actions, class actions, equitable relief (injunctions, specific performance, rescission, declaratory relief), federal-exclusive matters (bankruptcy, patents), workers' compensation, probate matters, medical malpractice (requires Superior Court with a special affidavit), juvenile cases, tax controversies, and lien removal actions. If your case is one of these, the JP Court will dismiss it.

Who can sue and who can be sued?

Anyone who sues or is sued in Delaware JP Court must be a legal person or entity. Individuals must be 18 and mentally competent. Businesses can sue and be sued, and Delaware lets corporations, LLCs, and other entities appear without an attorney by filing a Certificate of Representation (Form CF50). Out-of-state businesses must be registered with the Delaware Division of Corporations before suing. Unlicensed contractors generally cannot recover for work that required a license. Suing a Delaware city or town may require following a local notice-of-claim rule (for example, Wilmington under 10 Del. C. § 8124).

What if you signed a contract with an arbitration clause?

If you signed a contract with an arbitration clause, the defendant can ask the JP Court to stop the case and send you to arbitration under the Federal Arbitration Act. Many consumer contracts carve out small claims court from mandatory arbitration, and Delaware courts honor those carve-outs. Read the clause carefully. If the contract names an exclusive out-of-state forum, the JP Court may dismiss your case and force you to refile somewhere else.

3. How long do you have to sue? Statute of limitations in Delaware

In Delaware, you generally have 3 years to sue on a written or oral contract, 2 years for property damage and personal injury, 4 years for breach of warranty under the UCC, and 6 years on a promissory note. The clock usually starts on the date of breach or injury, but it pauses for minors, mentally incapacitated plaintiffs, and concealed fraud. Miss the deadline and your case is dismissed.

Contracts signed "under seal" (a Delaware specialty) get a 20-year window under common law, but that's rare and usually involves formal business agreements.

When the clock pauses or resets in Delaware

The Delaware limitations clock pauses or resets in several situations. The clock pauses while a plaintiff is a minor or legally incapacitated. It pauses when a defendant fraudulently conceals the wrong (the "discovery rule"). A written acknowledgment of the debt or a partial payment generally restarts the limitations period from scratch. Sending demand letters does not pause the clock. Keep dated proof of any partial payment or written acknowledgment, because it can save a case that looks time-barred.

What happens if you miss the deadline

If you miss the Delaware statute of limitations, the defendant can ask the court to dismiss your case, and the judge will. The statute of limitations is an affirmative defense, so the defendant has to raise it. But don't count on the defendant failing to raise it. File early. If you think the discovery rule or tolling applies, be ready to explain why with dates and documents.

4. Before you file: demand letter and required notices

In Delaware, a demand letter is not required for most claims, but it's strongly recommended and often expected by JP Court judges. Some claim types do require pre-suit notice: bad check claims need a written demand (usually by certified mail) before you can collect statutory penalties, and security deposit claims aren't ripe until 20 days after the tenancy ends. Suing a city like Wilmington may also require a local notice of claim.

Do you need a demand letter in Delaware?

A demand letter in Delaware is not legally required for most claims, but JP Court judges expect to see one. Sending a letter shows you tried to resolve the dispute and gives the defendant a chance to pay before getting served. It also creates a paper trail that helps prove the defendant knew about the debt. For bad check cases, a written demand by certified mail is generally required before you can ask for statutory penalties under 6 Del. C. § 3-118.

What to include in a Delaware demand letter

A Delaware demand letter should include a clear statement of the amount you're asking for, a short description of the facts (dates, agreement, breach, or incident), a deadline for payment (10 to 14 days is common), your contact information, and where to send payment. Send it by certified mail with return receipt requested so you have proof of delivery. Keep a copy. Bring both the letter and the green card or USPS tracking record to your hearing.

Pre-suit notice for special claim types

Pre-suit notice in Delaware is required for several specific claim types. Bad check claims under 6 Del. C. § 3-118 generally need a written demand (commonly 10 days, by certified mail) before statutory penalties apply. Security deposit claims under 25 Del. C. § 5514 don't ripen until the landlord has had 20 days after the tenancy ends to return the deposit. Landlord-tenant repair and lockout claims have their own notice rules under the Residential Landlord-Tenant Code.

How to sue a city or county in Delaware

To sue a city or county in Delaware, you must check the local notice-of-claim rule. Delaware does not have a single statewide pre-suit notice law for government defendants, but specific municipalities do. Wilmington, for example, has a notice requirement under 10 Del. C. § 8124. General sovereign immunity rules appear at 10 Del. C. § 4001 and following. Missing a local notice deadline can permanently bar your case, so check the city's charter or call the city solicitor's office before filing.

5. Identifying and naming the defendant correctly

Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name plus DBA, a corporation or LLC by its registered name in Delaware. Misnaming a corporate defendant is the most common reason small claims judgments can't be collected. Look up business entities in the Delaware Division of Corporations entity search before filing. Get the registered agent's name and address from the same search.

How to find a business's legal name in Delaware

To find a business's legal name in Delaware, use the Delaware Division of Corporations entity search at corp.delaware.gov. Search by name to find the exact registered name, the registered agent, and the entity's file number. If the business is a foreign company (out-of-state), it may be registered as a foreign LLC or foreign corporation. If a business operates under a trade name, check Delaware Superior Court trade name (DBA) filings, which are kept in each county Prothonotary's office.

How to name an LLC or corporation

An LLC or corporation in Delaware is named by its exact registered name, including the "LLC," "Inc.," or "Corp." suffix. For example, "Acme Plumbing, LLC," not just "Acme Plumbing." If you sue "Acme Plumbing" and the legal name is "Acme Plumbing Services LLC," the judgment may be uncollectable. Use the Division of Corporations search to confirm. If the corporation's registered agent can't be served, you can serve the Delaware Secretary of State using Form CF67 with a $50 fee.

How to name a sole proprietor or DBA

A sole proprietor in Delaware is named by the owner's full legal name followed by "doing business as" (d/b/a) the business name. Example: "Jane Smith d/b/a Smith's Auto Repair." Sole proprietorships are not separate legal entities, so suing only the business name (without the owner) leaves you with a judgment you can't collect. If the business is a partnership without a DBA filing, name each partner individually.

How to amend if you discover the wrong name after filing

If you discover the wrong name after filing, you can ask the JP Court for permission to amend your complaint. File a written motion using Form CF11 (Application for Motion Hearing) explaining the error and the correct name. If the defendant has already been served, you may need to re-serve the corrected complaint. Catch the error before judgment if at all possible. A judgment against the wrong name is often worthless when you try to enforce it.

6. The forms you need to file in Delaware

Delaware requires one main form to start a small claims case: the CF01 Civil Complaint. The court clerk issues the Summons. Businesses also file Form CF50 (Certificate of Representation) if appearing without a lawyer. If you can't afford the filing fee, file Form CF49 (In Forma Pauperis Application). All forms are free at the Delaware Courts website (courts.delaware.gov) as fillable PDFs.

Which forms open the case?

The forms that open a Delaware small claims case are the CF01 Civil Complaint and the court-issued Summons. You file the CF01 with the clerk, pay the filing fee, and the clerk creates the Summons with your trial date. If you're a business, also file the CF50 Certificate of Representation at the same time. If you need pre-judgment attachment to freeze the defendant's assets before trial, file the CF05A.

Which forms does the defendant file?

The forms the defendant files in Delaware JP Court are limited. JP Court does not require a written Answer before trial. The defendant can simply appear on the trial date and defend. If the defendant wants to file a motion (for example, to vacate a default judgment), they use Form CF11 (Application for Motion Hearing). If the defendant is a business appearing without a lawyer, they file CF50. If the defendant is contesting an out-of-state judgment, they file CF7FJ.

How to fill out the Delaware claim form

To fill out the Delaware claim form, you list yourself as the plaintiff with full legal name and address, list the defendant with full legal name and address (corporate name plus registered agent for businesses), state the amount you're asking for in dollars, and describe the facts of your claim in plain language with dates. Attach copies of contracts, invoices, or other key documents if you want them on file. Sign and date the form. Bring it to the clerk with the filing fee or with Form CF49 if requesting a fee waiver.

What if you can't afford the filing fee?

If you can't afford the Delaware filing fee, you file Form CF49 (Application and Affidavit to Proceed In Forma Pauperis). The form asks about your income, expenses, public benefits, and assets. The court grants waivers when paying the fee would prevent you from paying for basic needs like food, rent, or utilities. Receiving SSI, Medicaid, SNAP, or TANF is strong evidence of inability to pay. The judge or clerk reviews the application and either grants the waiver, denies it, or asks for more information.

7. Where to file, and how (in person, mail, e-file)

File in the JP Court where the defendant lives, where the contract was signed or performed, or where the events happened. JP Court has statewide authority, so any JP Court can technically hear a qualifying case, but the rules of venue point you to the most convenient location. Eviction cases must be filed in the JP Court closest to the rental property. Delaware accepts filings in person, by mail, by drop box, and through the state e-filing portal at courts.delaware.gov.

Which county do you file in?

The county you file in is usually the county where the defendant lives or where the dispute happened. Delaware has three counties: New Castle, Kent, and Sussex. Each has multiple JP Court locations. For evictions, you must file in the JP Court nearest the rental property. For other money claims, venue is more flexible, but filing where the defendant lives makes service easier and avoids venue arguments.

How to file in Delaware small claims

To file in Delaware small claims you can use one of four methods: in person at any JP Court clerk's office, by mail to the appropriate JP Court, through a drop box at the courthouse (where available), or through the Delaware Courts e-filing system. In-person filing is fastest because the clerk can answer questions and issue the Summons on the spot. Bring your CF01, payment, the defendant's correct name and address, and any business form (CF50) if you're a company.

How to e-file in Delaware

To e-file in Delaware, create an account at courts.delaware.gov through the state's File & Serve system. Upload your completed CF01 as a PDF, pay the filing fee by credit card, and submit. E-filing is available statewide but is optional for self-represented filers. Attorneys and frequent business filers may be required to e-file. Keep the confirmation receipt as proof of filing. The clerk processes the filing and issues the Summons with a trial date.

What happens if you file in the wrong county?

If you file in the wrong county in Delaware, the JP Court can transfer the case to the proper location or dismiss it if the defendant objects to venue. Because JP Court has statewide authority, transfer is the more common result. To avoid the issue, file in the county where the defendant lives or where the dispute happened. For evictions, always file in the JP Court closest to the rental property.

8. Filing fees, service fees, and fee waivers in Delaware

Filing fees in Delaware JP Court start at about $45 for claims up to $5,000 and rise to about $100 for claims near the $25,000 cap. Service of process adds about $30 (constable) or roughly $50 to $100 (private server). If you can't afford the fees, file Form CF49 (In Forma Pauperis). Delaware courts grant waivers for filers who show inability to pay. Filing fees are recoverable as court costs if you win.

The exact fee schedule is maintained by the JP Court clerk and may change. Additional per-defendant service fees apply, and credit card payments may carry a small convenience charge.

How much does it cost to file in Delaware?

Filing a Delaware small claims case costs about $45 for claims up to $5,000, about $75 for claims between $5,000 and $15,000, and about $100 for claims between $15,000 and $25,000. Add about $30 for constable service per defendant. Subpoenas cost about $10 each. The motion filing fee is not listed in the public dossier and may vary, so call the clerk if you need an exact number for a specific motion.

How much does service cost?

Service in Delaware costs about $30 per defendant for the constable (the default method). A private process server, if you need one and the court approves it with Form CF38, runs about $50 to $100 from commercial servers. Secretary of State service for hard-to-reach corporations costs $50 paid directly to the Secretary of State plus the CF67 filing. Publication is a last resort and depends on newspaper rates, often several hundred dollars.

Can you get the filing fee waived?

You can get the Delaware filing fee waived by filing Form CF49 (Application and Affidavit to Proceed In Forma Pauperis). You'll list your income, household size, public benefits, and basic expenses. Receiving SSI, Medicaid, SNAP, or TANF is strong evidence of need. The court can waive filing fees, service fees, and other court costs. If your request is denied, you'll usually get a chance to pay before the case is dismissed.

Are filing fees recoverable if you win?

Filing fees in Delaware are recoverable if you win your case. The judgment can include the filing fee, service fees, and certain other court costs (like subpoena fees). Ask for costs at the hearing and bring receipts. Attorney's fees are different and only recoverable when a contract or statute authorizes them. Pre- and post-judgment interest is also possible (see Section 13).

9. Serving the defendant in Delaware

Delaware allows six methods to serve a JP Court defendant: the court constable (the default), certified mail, a private process server, Secretary of State service (for corporations), court-ordered alternate service (like nail-and-mail), and service by publication (last resort). The JP Court clerk usually arranges constable service for you when you file. Proof of service is filed using the CF31A Affidavit of Service. Before a default judgment can be entered, you must also file an affidavit confirming the defendant is not in active military service (SCRA).

Service by sheriff or constable

Service by constable in Delaware is the default method. When you file the CF01, the clerk forwards the papers to the constable's office for the area where the defendant lives or works. The constable tries to hand the papers to the defendant in person. You pay about $30 per defendant up front. The constable files a return of service with the court showing whether service was completed. Constables must serve at least 7 days before the hearing.

Service by certified mail

Service by certified mail in Delaware is allowed and is the standard method for out-of-state defendants under the long-arm statute, 10 Del. C. § 3104. You send the complaint and summons by certified mail with return receipt requested. The signed green card or USPS electronic delivery confirmation is your proof. If the defendant refuses delivery, that can count as effective service if the statute's conditions are met. Use Form CF31A to file proof.

Service by private process server

Service by a private process server in Delaware requires court approval through Form CF38 (Application for Appointment of Special Process Server). Once approved, the server tries to hand the documents to the defendant and then signs a sworn affidavit (CF31A) for the court file. Private servers usually charge $50 to $100. This is useful when the constable's office is slow or the defendant is hard to find. You pay the server directly and may recover the cost if you win.

Court-ordered alternate or substituted service

Court-ordered alternate service in Delaware is allowed when traditional methods fail despite diligent effort. The court may permit "nail-and-mail" service (posting at the defendant's home and mailing a copy), leaving the papers with a suitable adult at the residence or workplace, or another method that fits the situation. You file a motion (CF11) describing the attempts you've made and asking the court to approve an alternative. Proof of completed alternate service goes on Form CF31A.

Service by publication

Service by publication in Delaware is a last resort that requires a court order. You must show the court you tried to find the defendant with reasonable diligence and could not. The court then orders you to publish notice in a newspaper for a set number of weeks. Publication costs typically run a few hundred dollars and you pay the newspaper directly. This is rarely used in small claims, because diligence is a high bar and the cost often exceeds the dispute.

What if the defendant refuses or evades service?

If the defendant refuses or evades service in Delaware, you have options. With certified mail, a refusal can count as service. With personal service, repeated attempts at home and work create a record of diligence. After enough failed attempts, you can ask the court for alternate service (nail-and-mail or substituted service) under Form CF11. For corporations, switching to Secretary of State service through Form CF67 (with the $50 fee) often works.

Serving a military defendant

To serve a military defendant in Delaware, you must follow the same methods as any other defendant. But before the court enters a default judgment, you must file an SCRA (Servicemembers Civil Relief Act) affidavit confirming whether the defendant is in active military service. Active-duty defendants get extra protections, including stays of proceedings. You can check status free at the Department of Defense's SCRA website (scra.dmdc.osd.mil). Skipping this step means no default judgment.

10. The defendant's response

After service, the defendant in Delaware JP Court is not required to file a written Answer before trial. Instead, they appear on the trial date and defend the case. They can file a counterclaim up to $25,000. If the counterclaim exceeds $25,000, the defendant must either waive the excess and proceed in JP Court (capped at $25,000) or ask to transfer the case to the Court of Common Pleas or Superior Court. If the defendant fails to appear, the plaintiff can ask for a default judgment.

How long does the defendant have to respond?

The defendant in Delaware has until the trial date to respond. There is no separate deadline for filing a written Answer in JP Court small claims. The Summons gives the defendant the trial date, and the defendant must appear and defend. This is different from higher courts, which require written Answers within a set number of days. Failing to appear at trial generally results in a default judgment.

What goes in the answer?

A Delaware Answer in JP Court is usually oral, given at the trial. Since no written Answer is required, the defendant simply tells the judge whether they admit or deny the claim and explains their side. If the defendant wants to raise affirmative defenses (statute of limitations, payment, fraud), they should say so at trial and bring evidence. Some defendants file a written response anyway, which can help organize the defense but isn't required.

Can the defendant counterclaim?

The defendant can counterclaim in Delaware by stating the counterclaim at or before trial, ideally in writing so the plaintiff has notice. The counterclaim can be up to $25,000 in JP Court. The plaintiff then has a chance to respond. If the counterclaim is closely related to the original claim, it usually proceeds in the same hearing. Bring evidence for the counterclaim the same way you would for an original claim.

What if the counterclaim exceeds the small claims cap?

If the counterclaim exceeds the Delaware $25,000 cap, the defendant has two choices. They can waive the amount above $25,000 and let JP Court hear the case (recovering only up to $25,000). Or they can ask the JP Court to transfer the case to the Court of Common Pleas (up to $75,000) or the Superior Court (no cap). Transfer requires a motion and gives both sides a forum where the full dispute can be decided.

11. Preparing for and attending the hearing

Delaware JP Court hearings typically happen about 4 to 6 weeks after filing. They're informal bench trials before a judge or magistrate with no jury. Bring 2 copies of every exhibit, all your witnesses, and a 2 to 3 minute summary of your case. The judge usually rules from the bench right after hearing both sides, or mails the written judgment within a few days. JP Court provides little to no formal discovery, so do your own homework before the hearing.

When does your hearing happen?

Your Delaware small claims hearing happens about 4 to 6 weeks after you file, depending on how fast the defendant is served and the court's calendar. The Summons will state the trial date. If you can't make the date, file a written continuance request as early as possible. Requests made less than 48 hours before trial are usually denied unless there's a true emergency. Repeated continuances are disfavored.

How to prepare your case

To prepare your Delaware small claims case, start by writing a 2 to 3 minute summary of your story: who you are, who the defendant is, what happened, what you're owed, and why. Build a chronological list of evidence: contracts, invoices, photos, texts, emails, receipts. Make 2 paper copies of every document (one for the judge, one for the defendant; keep your originals). Line up your witnesses and confirm they can attend. Bring a written damages calculation showing exactly how you got to your number.

What evidence is admissible in Delaware?

Evidence admissible in Delaware JP Court includes contracts, invoices, receipts, photos, text messages, emails, repair estimates, bank records, and witness testimony. Delaware's evidence rules technically apply, and hearsay can be excluded, but JP Court is informal in practice. Authenticate documents by being ready to explain who created them and when. For text messages and emails, bring printouts that show the sender, the date, and the time. Recordings of phone calls are tricky: Delaware is generally a one-party consent state for civil purposes, but check before relying on a recording.

How to subpoena a witness

To subpoena a witness in Delaware, you request a subpoena from the JP Court clerk at least 5 business days before trial. The fee is typically about $10 per subpoena. The constable or an approved process server delivers the subpoena to the witness. Subpoenas can require a person to show up and testify, bring documents, or both. Plan ahead: a last-minute subpoena often can't be served in time.

Can you appear by phone or video?

Phone or video appearance in Delaware small claims is allowed in some situations, but it's not guaranteed by a statewide rule. Ask the clerk well in advance of your trial date. Reasons to request remote appearance include out-of-state plaintiffs, medical issues, military deployment, and child care emergencies. Submit the request in writing with supporting documents. If the court denies the request and you can't appear in person, ask for a continuance.

Continuances and what happens if you can't attend

A continuance in Delaware small claims is the formal name for postponing a hearing. File a written request as early as possible, explain why, and propose new dates if you can. Requests within 48 hours of trial are typically denied. If the plaintiff doesn't show, the case is usually dismissed (sometimes without prejudice, so you can refile). If the defendant doesn't show, the plaintiff can ask for a default judgment after proving service. If neither side shows, the case is dismissed.

12. Mediation, interpreters, and ADA accommodations

Delaware offers free, voluntary mediation in JP Court, usually informally and sometimes on the same day as trial when a mediator is available. Interpreters are provided at no cost in Spanish, Haitian Creole, Chinese, Vietnamese, Arabic, and other languages through court contracts and telephone services. Request interpreters at least 14 days before the hearing. ADA accommodations (wheelchair access, sign language interpreters, accessible documents) are arranged through the clerk's office.

Is mediation available in Delaware small claims?

Mediation in Delaware small claims is available on a voluntary, opt-in basis. There is no statewide mandatory small claims mediation program, but many JP Court locations offer same-day mediation when a mediator is available and both sides agree. Mediation is free. If you reach a settlement, the court can enter a consent judgment or accept a dismissal. Ask the clerk when you file whether mediation is an option in your county.

How to request a court interpreter

To request a court interpreter in Delaware, you notify the JP Court clerk as early as possible, ideally when you file or when you receive the summons. The court's Language Access Coordinator schedules interpreters. Plan on a 14-day lead time for in-person interpreters; phone interpreting may be available on shorter notice. Languages available include Spanish, Haitian Creole, Chinese, Vietnamese, Arabic, and others. The service is free to the parties.

How to request an ADA accommodation

To request an ADA accommodation in Delaware, contact the courthouse clerk or ADA coordinator as soon as you know you need help. Requests can be made by phone or in writing. The court arranges accommodations such as sign language interpreters, accessible courtrooms, large-print documents, and assistive listening devices. There is no statewide ADA form code in JP Court, so call the specific JP Court location to confirm the local process. Make the request as early as possible.

13. What you can recover (and statutory damages multipliers)

If you win in Delaware JP Court, you can recover your underlying damages, court costs (filing fee, service fee, subpoena fees), and post-judgment interest. The exact post-judgment interest rate is described in court guidance as 5% over the Federal Reserve discount rate, though the dossier doesn't provide a specific statutory citation. Attorney's fees are only recoverable when a contract or statute authorizes them and you actually had a lawyer. Several Delaware statutes provide damages multipliers, including 2x for wrongful security deposit withholding and up to 3x for willful wage violations or illegal lockouts.

What costs are recoverable in Delaware?

Costs recoverable in Delaware JP Court include the filing fee, service of process fees, subpoena fees, and certain other court-ordered costs. Ask the judge to include costs in the judgment and bring receipts. Not every out-of-pocket expense counts as a "cost" under the statute, so things like postage for your demand letter and gas to the courthouse are generally not recoverable. Travel expenses for witnesses may sometimes be recoverable as costs.

How does interest work on Delaware judgments?

Interest on Delaware judgments runs at a legal rate described in court guidance as 5% over the Federal Reserve discount rate. The specific statutory citation and current numeric rate are not listed in the underlying dossier, so confirm the current rate with the clerk before relying on a specific number. Pre-judgment interest can be added to a JP Court judgment, and it can push the total above the $25,000 cap even though the underlying claim was capped.

When can you recover attorney's fees?

Attorney's fees in Delaware small claims are recoverable when a contract or statute authorizes them and you actually paid for a lawyer. Under Delaware's American Rule, each side pays its own fees unless an exception applies. Common exceptions include attorney-fee clauses in contracts, the Delaware Consumer Fraud Act, and the Delaware wage statutes. If your contract has a fee-shifting clause, bring the contract to the hearing and point the judge to the clause.

Statutory damages multipliers in Delaware

Delaware statutes that multiply damages in small claims include 25 Del. C. § 5514 (double the amount of a wrongfully withheld security deposit), 19 Del. C. § 1113 (double unpaid wages for willful nonpayment), 19 Del. C. § 911 (double minimum wage and overtime shortfalls absent good faith), 25 Del. C. § 5313 (treble damages or three months' rent for illegal lockouts), and the Delaware Consumer Fraud Act (up to treble damages and attorney's fees for knowing violations). Ask for the multiplier in your complaint and again at the hearing.

14. Getting a default judgment when the defendant doesn't respond

If the defendant in Delaware JP Court doesn't appear at the trial date, you can ask for a default judgment. Show the court that service was completed correctly (file the CF31A Affidavit of Service if not already on file). File an SCRA (Servicemembers Civil Relief Act) affidavit confirming the defendant isn't on active military duty. If the amount you're owed is liquidated (a fixed number from a contract or invoice), the court can enter judgment without further proof. If the amount is unliquidated (like property damage), the court will hold a brief prove-up hearing.

When can you ask for a default judgment in Delaware?

You can ask for a default judgment in Delaware after the defendant fails to appear at the scheduled trial. The court won't enter default unless service has been proven (CF31A on file) and you've filed an SCRA affidavit certifying the defendant isn't in active military service. For unliquidated claims, you'll also need to put on brief evidence to prove your damages. Default judgments are common in JP Court small claims.

What you file to get a default

To get a default in Delaware, you file (or already have on file) the CF31A Affidavit of Service showing the defendant was properly served, an SCRA affidavit covering military status, and any prove-up evidence for unliquidated damages (invoices, repair estimates, photos). The judge may enter the default at the trial date itself, or in some cases by written application after the hearing. Bring all your evidence to the trial in case the defendant doesn't show.

Can the defendant vacate a default in Delaware?

A defendant can vacate a Delaware default by filing a motion (using Form CF11, Application for Motion Hearing) within 15 days of the default judgment. The defendant must show good cause for the failure to appear and a meritorious defense to the claim. Common reasons include improper service, illness, or military deployment. The judge has discretion to grant or deny the motion. If the motion is granted, the case is reopened for trial.

15. Appealing a small claims judgment in Delaware

In Delaware, either party can appeal a JP Court small claims judgment within 15 days of the judgment. Appeals generally go to the Court of Common Pleas. Delaware court guidance describes JP Court appeals as de novo (a brand-new trial), although some guidance also describes the appellate review as on the record. Per-case verification with the clerk is recommended. An appeal bond may be required to stop collection while the appeal is pending. Attorneys are commonly used at the appeal stage.

Who can appeal and when?

Either party in Delaware small claims can appeal within 15 days of the JP Court judgment. The 15-day clock runs from the date of judgment, not from receipt of the written order. If you miss the window, the judgment becomes final and can be enforced. Both plaintiffs (if they lost or got less than they asked for) and defendants (if they owe money) have the same right to appeal.

What kind of appeal is it?

An appeal in Delaware small claims is described in court guidance as de novo, meaning a brand-new trial in the Court of Common Pleas where evidence is presented again. Some JP Court materials, however, describe the appellate review as on the record. The dossier flags this inconsistency, so verify the format with the JP Court clerk or the Court of Common Pleas clerk for your specific case before assuming a fresh trial.

What does an appeal cost?

An appeal in Delaware costs more than a JP Court filing. The Court of Common Pleas has its own filing fee schedule, which is higher than JP Court's, and the appeal bond can require the appellant to post the amount of the judgment to stay collection. Attorneys are common at this level, and many appellants hire one. Filing fee waivers (Form CF49 equivalent) may be available for low-income filers.

Does an appeal stop collection?

An appeal stops collection in Delaware when the appellant posts an appeal bond covering the judgment amount. Without the bond, the judgment creditor can begin collection (garnishment, levy) even while the appeal is pending. If you're appealing as the losing defendant and want to stop collection, ask the Court of Common Pleas about the bond requirement immediately when you file the appeal.

16. Collecting your judgment in Delaware

Winning is half the battle, and Delaware doesn't collect for you. After the 15-day appeal window closes, you can record an abstract of judgment to create a lien on the debtor's real property, get a writ of execution to levy non-exempt assets, garnish wages up to 25% of disposable earnings (the federal cap), garnish bank accounts, and order the debtor to a debtor's exam. A Delaware JP Court judgment is good for 5 years and can be renewed using Form CF15A.

16.1 Wait for the appeal window to close

The appeal window in Delaware is 15 days from the date of judgment. During those 15 days, the defendant can appeal, and if they post the required bond, collection is stayed. Most judgment creditors wait the 15 days before starting collection to avoid spending money on writs that get blocked. Once the window closes without an appeal, the judgment is final and enforceable.

16.2 Get an abstract or certificate of judgment

An abstract of judgment in Delaware is a certified transcript of your JP Court judgment that you file with the Superior Court to create a lien on the debtor's real property. Request the certified transcript from the JP Court clerk. File it with the Superior Court Prothonotary in the county where the debtor owns real estate. Once recorded, the lien attaches to the debtor's real property and must usually be paid off when the property is sold or refinanced. Recording fees apply.

16.3 Writ of execution

A writ of execution in Delaware authorizes the constable to seize and sell the debtor's non-exempt personal property to satisfy the judgment. You apply to the JP Court for the writ after the appeal window closes. The constable then attempts to levy on vehicles, equipment, or other valuable personal property. Many debtors have little non-exempt personal property, so writs of execution work best when you know the debtor owns valuable assets that aren't protected by Delaware's exemption rules.

16.4 Wage garnishment

Wage garnishment in Delaware is allowed up to 25% of the debtor's disposable earnings, the federal cap under the Consumer Credit Protection Act. You file a wage garnishment writ in JP Court and the constable serves the employer (the "garnishee"). The employer files Form CF17A (Garnishee Answer - Wages) and starts withholding from the debtor's paycheck. Federal and state benefit income (Social Security, SSI, VA, unemployment, workers' comp) is exempt from garnishment.

16.5 Bank levy or account garnishment

A bank levy in Delaware works by serving a garnishment writ on the debtor's bank. The bank freezes the funds on hand and files Form CF17B (Garnishee Answer - Other) with the court. The debtor has a chance to claim exemptions (for example, Social Security deposits are protected by federal law). The court then orders the bank to release non-exempt funds to you. You need to know where the debtor banks, which often comes from a debtor's exam or from canceled checks the debtor sent you.

16.6 Debtor's examination

A debtor's examination in Delaware is a court-ordered hearing where the debtor must appear and answer questions under oath about their assets, income, employer, and bank accounts. You file an application with the JP Court. The court orders the debtor to appear. If the debtor doesn't show, the court can issue sanctions, including possible bench warrants or contempt proceedings. Bring a list of questions about employment, bank accounts, vehicles, real estate, and any other assets.

16.7 Satisfaction of judgment

A satisfaction of judgment in Delaware is filed when the debtor has paid the judgment in full. The creditor files the satisfaction with the JP Court so the court record shows the judgment is paid. This also clears any liens recorded against the debtor's property. Delaware requires the creditor to file the satisfaction promptly after full payment. Failing to file can expose the creditor to claims by the debtor.

16.8 Judgment renewal

A Delaware judgment is valid for 5 years and renewable by filing Form CF15A (Application to Revive a Judgment) before the 5-year period ends. Revival adds another 5-year enforcement window. If you let the judgment lapse without reviving, you may lose the ability to collect, even if the debtor finally gets back on their feet. Mark your calendar 6 months before the 5-year deadline.

16.9 Collecting from an out-of-state debtor (UEFJA)

To collect from an out-of-state debtor, you domesticate the judgment by filing an authenticated copy of your Delaware JP Court judgment in the other state under the Uniform Enforcement of Foreign Judgments Act (UEFJA). Each state has its own filing procedure and fees. Once domesticated, you use that state's collection tools (garnishment, levy, debtor's exam) under that state's rules. Delaware similarly enforces out-of-state judgments brought here, typically through the Superior Court.

16.10 What's exempt from collection in Delaware

Delaware protects the following property from collection. Note that the dossier flags some exemption amounts as approximate or based on interpretation. Verify with the JP Court clerk or current Delaware Code before relying on a specific dollar figure.

Delaware has opted out of federal bankruptcy exemptions, so debtors in bankruptcy must use Delaware's state exemptions. Federal benefit protections (Social Security, VA) still apply in state collection proceedings.

17. State-specific quirks and pitfalls in Delaware

Delaware has several rules that surprise filers. The JP Court uniquely handles both small claims and eviction (summary possession) cases. Pre-judgment interest can push the total judgment above the $25,000 cap. Appeal procedure is described inconsistently in JP Court guidance, sometimes as de novo and sometimes as on-the-record. The single most consequential quirk: businesses can appear without a lawyer in JP Court using Form CF50, which is unusual among state courts.

Businesses can self-represent. Most courts require businesses to hire attorneys. Delaware JP Court doesn't. A corporate officer or LLC member can appear with Form CF50 (Certificate of Representation). This is a significant cost savings for small businesses suing on unpaid invoices.

Pre-judgment interest can exceed the cap. A $24,000 unpaid invoice can produce a judgment over $25,000 once interest is added, and the JP Court can still enter the full amount. The interest pushes total recovery above the jurisdictional cap.

Commercial landlord rent claims aren't capped at $25,000. While most JP Court money claims max out at $25,000, commercial landlord-tenant rent recovery is not subject to that cap, an unusual carve-out.

Eviction venue is fixed. Summary possession (eviction) cases must be filed in the JP Court closest to the rental property. You don't get to pick your venue.

Secretary of State service for corporations. When a Delaware corporation's registered agent can't be served, you can serve the Delaware Secretary of State using Form CF67 with a $50 fee. This is a powerful tool for hard-to-reach corporate defendants.

Security deposit double damages. Under 25 Del. C. § 5514, a tenant can recover double the amount of a wrongfully withheld security deposit. Landlord has 20 days after tenancy ends to return the deposit with an itemized list.

No general homestead exemption. Delaware does not have a statewide homestead exemption amount. Married couples can use tenancy by the entirety to shield a jointly-owned home from one spouse's creditors, but a single debtor's home is generally exposed.

SCRA affidavit required before default. Before any default judgment, you must file an affidavit certifying the defendant is not in active military service. Skipping this step means no default.

Limited discovery. JP Court provides little to no formal discovery. You can subpoena witnesses and documents, but there are no depositions or interrogatories. Investigate your case before filing.

Lay magistrates. Many JP Court judges are not attorneys. They receive training, but explain your case in plain language and don't assume the judge will fill in legal gaps for you.

Appeal route is unclear. JP Court materials describe appeals to the Court of Common Pleas as both de novo (fresh trial) and on-the-record. Verify the format with the clerk before relying on either description.

Bill of Particulars in debt cases. The court may order a plaintiff to file a Bill of Particulars detailing the account, especially when suing on credit card or consumer debt. Be ready to itemize.

Bad check pre-suit demand. To claim statutory penalties under 6 Del. C. § 3-118, send a written demand (commonly 10 days by certified mail) before suing. Without the demand, you lose access to the multiplier.

18. Sources and citations

1. Justice of the Peace Court — Jurisdiction. courts.delaware.gov. https://www.courts.delaware.gov/jpcourt/jurisdiction.aspx. Cited for: court structure, jurisdiction, scope, appeals.

2. JP Court FAQs — Evictions and venue. courts.delaware.gov. https://courts.delaware.gov/help/proceedings/jp_faqs.aspx. Cited for: eviction venue rules and landlord-tenant jurisdiction.

3. 10 Del. Code § 9301 — JP Court monetary jurisdiction. delcode.delaware.gov. https://delcode.delaware.gov/title10/c093/index.html. Cited for: $25,000 cap and jurisdictional citations.

4. Venue and transfer between courts. codes.findlaw.com. https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-1322/. Cited for: transfer and certification when counterclaim exceeds jurisdiction.

5. Security deposit rules and 20-day return period summary. deposithawk.com. https://deposithawk.com/states/delaware. Cited for: security deposit 20-day rule and double-damages penalty.

6. Delaware personal injury laws and tolling. nolo.com. https://www.nolo.com/legal-encyclopedia/delaware-personal-injury-laws-and-liability-rules.html. Cited for: tolling, discovery rule, and disability tolling.

7. Justice of the Peace Court — Forms index. courts.delaware.gov. https://www.courts.delaware.gov/forms/list.aspx?ag=Justice+Of+The+Peace+Court. Cited for: forms list and form-specific references.

8. CF50 — Certificate of Representation. courts.delaware.gov. https://courts.delaware.gov/forms/download.aspx?id=196134. Cited for: business pro se representation.

9. CF49 — In Forma Pauperis Application. courts.delaware.gov. https://courts.delaware.gov/forms/download.aspx?id=197408. Cited for: fee waiver procedure.

10. CF31A — Affidavit of Service. courts.delaware.gov. https://courts.delaware.gov/forms/download.aspx?id=195158. Cited for: proof of service form.

11. CF11 — Application for Motion Hearing. courts.delaware.gov. https://courts.delaware.gov/forms/download.aspx?id=185418. Cited for: motion hearing request.

12. CF15A — Application to Revive a Judgment. courts.delaware.gov. https://courts.delaware.gov/forms/download.aspx?id=146628. Cited for: judgment revival.

13. 10 Del. C. § 8106 and surrounding provisions — Statutes of limitations. delcode.delaware.gov. https://delcode.delaware.gov/title10/c081/. Cited for: statute of limitations entries.

14. 6 Del. C. § 3-118 — Negotiable instruments and bad check statute. delcode.delaware.gov. https://delcode.delaware.gov/title6/c003/sc01/index.html. Cited for: promissory note and bad check limitations.

15. 6 Del. C. § 2-725 — Statute of limitations for breach of warranty. delcode.delaware.gov. https://delcode.delaware.gov/title6/c002/sc07/index.html. Cited for: breach of warranty SOL.

16. General Delaware small-claims procedural summary. findlaw.com. https://www.findlaw.com/state/delaware-law/delaware-small-claims-courts.html. Cited for: general small-claims practice, transfers, collection methods.

17. Delaware small-claims practice guidance. delawarelegalauthority.com. https://delawarelegalauthority.com/delaware-small-claims-process.html. Cited for: filing timeline, limited discovery, mediation notes.

18. Historical legislation raising cap to $25,000. law.justia.com. https://law.justia.com/codes/delaware/2011/title10/c093.html. Cited for: history of cap increase from $15k to $25k.

19. Frequently asked questions

What is the maximum amount you can sue for in Delaware small claims court?

The maximum amount you can sue for in Delaware Justice of the Peace Court is $25,000, not counting interest and costs. Pre-judgment interest can push the final judgment above $25,000 even though the underlying claim is capped. Cases above $25,000 belong in the Court of Common Pleas (up to $75,000) or the Superior Court (no cap). Commercial landlord rent claims are not subject to the $25,000 cap.

How much does it cost to file a small claims case in Delaware?

Filing a small claims case in Delaware costs about $45 for claims up to $5,000, about $75 for claims between $5,000 and $15,000, and about $100 for claims between $15,000 and $25,000. Add about $30 per defendant for constable service. Subpoenas are about $10 each. If you can't afford the fees, file Form CF49 (In Forma Pauperis) to ask for a waiver. Filing fees are recoverable as costs if you win.

How long do I have to sue in Delaware small claims?

In Delaware, you generally have 3 years to sue on a written or oral contract (10 Del. C. § 8106(a)), 2 years for personal injury or property damage (10 Del. C. §§ 8107, 8119), 4 years for breach of warranty (6 Del. C. § 2-725), and 6 years on a promissory note (6 Del. C. § 3-118). Unpaid wages have a 2-year limit (10 Del. C. § 8111). The clock usually starts on the date of breach or injury.

Do I need a lawyer for Delaware small claims court?

A lawyer is not required in Delaware small claims court. Individuals can represent themselves. Businesses can also appear without a lawyer by filing Form CF50 (Certificate of Representation), which is unusual among state courts. JP Court is designed to be informal and accessible. Hiring a lawyer makes sense if your claim is near the $25,000 cap, the legal issues are complex, or the case will likely be appealed.

Can a business sue or be sued in Delaware small claims?

A business can sue and be sued in Delaware JP Court. Delaware is unusual in letting corporations, LLCs, and other entities appear without a lawyer by filing Form CF50 (Certificate of Representation). Out-of-state businesses must register with the Delaware Division of Corporations before suing. Name corporate defendants by their exact registered name. Find that name in the Delaware Division of Corporations entity search.

How do I serve the defendant in Delaware?

To serve the defendant in Delaware, the JP Court clerk usually arranges constable service when you file your CF01 complaint (about $30 per defendant). Other allowed methods include certified mail with return receipt (especially for out-of-state defendants under 10 Del. C. § 3104), private process server with court approval via Form CF38, Secretary of State service for corporations via Form CF67 with a $50 fee, court-ordered alternate service, and publication as a last resort.

How long does it take to get a hearing in Delaware small claims?

A hearing in Delaware small claims typically happens about 4 to 6 weeks after filing. The exact time depends on how fast the defendant is served and the court's calendar. Once the complaint is filed, the clerk issues the Summons with a trial date. If service takes extra attempts (defendant is hard to find), the hearing can be delayed. Most cases resolve at that first hearing.

What happens at a Delaware small claims hearing?

At a Delaware small claims hearing, the judge (often a non-attorney magistrate) hears both sides in an informal bench trial. The plaintiff goes first with a brief story and evidence, then witnesses. The defendant responds. The judge can ask questions of either side and usually rules from the bench or mails a written judgment within a few days. Bring 2 copies of every document, your witnesses, and a 2 to 3 minute summary.

What if the defendant doesn't show up in Delaware?

If the defendant doesn't show up in Delaware JP Court, the plaintiff can ask for a default judgment. You must show proof of service (Form CF31A) and file an SCRA affidavit certifying the defendant isn't on active military duty. For liquidated claims (fixed amounts from contracts or invoices), the court can enter judgment without further proof. For unliquidated claims (like property damage), the court will hold a brief prove-up to confirm your damages.

What if I miss my Delaware small claims hearing?

If you miss your Delaware small claims hearing as the plaintiff, the court usually dismisses your case (often without prejudice, so you can refile). If you miss as the defendant, the plaintiff can get a default judgment against you. To reopen a default, file a motion to vacate (using Form CF11) within 15 days, showing good cause for missing and a real defense. If you know in advance you can't attend, file a continuance request as early as possible.

Can I appeal a Delaware small claims judgment?

You can appeal a Delaware small claims judgment within 15 days of the judgment. Appeals go to the Court of Common Pleas. JP Court guidance describes appeals as de novo (a fresh trial), although some materials describe the review as on-the-record. Verify with the clerk. To stop collection during the appeal, the appellant usually has to post a bond equal to the judgment. Attorneys are common at this level.

How do I collect a Delaware small claims judgment?

To collect a Delaware small claims judgment, wait the 15-day appeal window, then use the JP Court's enforcement tools. File a certified abstract with the Superior Court to lien real property. Get a writ of execution to levy personal property. Garnish wages (up to 25%) by serving a writ on the employer (Form CF17A). Garnish bank accounts by serving the bank (Form CF17B). Order the debtor to a debtor's exam to find assets.

Can I garnish wages in Delaware?

Wage garnishment in Delaware is allowed up to 25% of the debtor's disposable earnings (the federal cap under the Consumer Credit Protection Act). You file a wage garnishment writ in JP Court, and the constable serves the employer. The employer files Form CF17A and starts withholding. Federal benefits like Social Security, SSI, VA, unemployment, and workers' comp are not subject to wage garnishment.

How long is a Delaware small claims judgment valid?

A Delaware small claims judgment is valid for 5 years. You can renew it by filing Form CF15A (Application to Revive a Judgment) before the 5-year deadline. Revival adds another 5-year enforcement period. If you let the judgment lapse, you may lose your right to collect. Mark your calendar 6 months before the 5-year expiration to leave time for paperwork.

Can I sue a city or government agency in Delaware small claims?

You can sue a city or government agency in Delaware small claims, but local notice-of-claim rules can apply. Delaware has no single statewide pre-suit notice statute, but specific municipalities do. Wilmington has a notice requirement under 10 Del. C. § 8124. General sovereign immunity and waiver rules appear at 10 Del. C. § 4001 and following. Missing a local notice deadline can permanently bar your case, so check the city's charter before filing.

Do I have to send a demand letter before filing in Delaware?

A demand letter in Delaware is not legally required for most claims, but it's strongly recommended and JP Court judges expect to see one. Some claims do require pre-suit notice: bad checks under 6 Del. C. § 3-118 need a written demand (commonly 10 days, by certified mail), and security deposit claims under 25 Del. C. § 5514 don't ripen until 20 days after the tenancy ends.

What forms do I need to file in Delaware small claims?

To file in Delaware small claims, you need Form CF01 (Civil Complaint) to open the case. The clerk issues the Summons. Businesses add Form CF50 (Certificate of Representation) so they can appear without a lawyer. If you can't afford the filing fee, file Form CF49 (In Forma Pauperis). After service, Form CF31A (Affidavit of Service) goes on file as proof. All forms are free at courts.delaware.gov.

Can I file Delaware small claims online?

You can file Delaware small claims online through the state e-filing system at courts.delaware.gov. Create an account, upload your CF01 Civil Complaint as a PDF, and pay the filing fee by credit card. E-filing is available statewide. It is optional for self-represented filers but may be required for attorneys and frequent business filers. In-person filing is still common and works well for first-time filers who want help from the clerk.

Does Delaware small claims have a jury?

No. Delaware JP Court small claims does not have a jury. All small claims cases are bench trials decided by a judge or magistrate. If you want a jury, your case has to be filed in (or moved to) the Court of Common Pleas or Superior Court, which have higher filing fees and stricter procedures.

What's the Delaware security deposit penalty?

The Delaware security deposit penalty is double the amount of the wrongfully withheld deposit under 25 Del. C. § 5514. The landlord has 20 days after the tenancy ends to return the deposit with an itemized list of any deductions. If the landlord misses the deadline or withholds without proper itemization, the tenant can sue for double the wrongfully withheld amount in JP Court.

20. When to call a lawyer (and disclaimer)

This guide is enough for many routine cases: an unpaid invoice with clear paperwork, a security deposit dispute under 25 Del. C. § 5514, a simple property damage claim, or a small breach of contract. Delaware JP Court is designed for self-represented parties, and the CF01 process is straightforward once you've gathered your documents.

Consider hiring a lawyer when your claim is near the $25,000 cap, the statute of limitations is ambiguous, you're suing a government entity with notice-of-claim issues, the contract is complex, the defendant has filed for bankruptcy, you expect a tough appeal, or collection looks hard (out-of-state debtor, hidden assets, multiple creditors). Attorney's fees may be recoverable in some claim types (consumer fraud, wage statutes, contract clauses), which can change the math.

For low-cost legal help in Delaware, contact the Delaware State Bar Association's Lawyer Referral Service, Community Legal Aid Society, Inc. (CLASI), Delaware Volunteer Legal Services (DVLS), and Legal Services Corporation of Delaware. Each has eligibility criteria.

This guide is general legal information about Delaware small claims procedure, not legal advice. Reading it does not create an attorney-client relationship. Laws, fees, and forms change. Verify current rules with the Justice of the Peace Court clerk or a licensed Delaware attorney before relying on any specific number, deadline, or procedure.

This guide is general information about Delaware small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Delaware for advice about your specific situation.