Small claims in Delaware.
Delaware's Justice of the Peace Court hears civil claims up to $25,000 for individuals and businesses alike. No personal injury or defamation cases here, but most contract, debt, and property damage disputes fit.
- Most you can sue for$25,000Same cap for individuals and businesses (raised from $15,000 in 2020)
- Filing fee$35 to $45Tiered by claim size
- CourtJustice of the Peace (JP) CourtOne civil JP court per county
- Lawyers at trialAllowedNot required, but permitted on either side
- Answer deadline15 daysDefendants must file a written answer or face default
- Personal injury casesNot allowedJP Court cannot hear personal injury or defamation claims
Find your situation.
Delaware small claims handles money disputes up to $25,000 (or $25,000 if you're a business). Browse 6 categories and 34 specific claim types below.
Delaware's general deadline to sue on debt and contract claims is 3 years (6 years for promissory notes and contracts under seal).
Wrong court for these10 situations small claims can’t handle
Personal injury
Delaware JP Court explicitly cannot hear claims for personal injuries (medical bills from an accident, slip-and-fall, dog bite injuries, etc.). This is a hard exclusion regardless of the dollar amount.
Try instead: Court of Common Pleas (up to $75,000) or Superior Court (any amount)
Defamation (libel and slander)
JP Court has no jurisdiction over defamation claims. Cases involving false statements that harmed your reputation belong in higher courts.
Try instead: Court of Common Pleas or Superior Court
Mental anguish or emotional distress claims
Standalone emotional distress and mental anguish claims fall outside JP Court's jurisdiction.
Try instead: Superior Court
Real estate title or boundary disputes
Disputes over who owns land, boundary lines, easements, or quiet-title actions require courts with equitable powers.
Try instead: Court of Chancery for equitable relief; Superior Court for title actions
Divorce, custody, child support
Family law matters belong in Family Court.
Try instead: Delaware Family Court
Probate and estate disputes
Wills, executor disputes, and estate distribution must go to the Register of Wills or Court of Chancery.
Try instead: Register of Wills / Court of Chancery
Injunctions and orders to do or stop something
JP Court can only award money or possession of leased property (in landlord-tenant cases). It cannot order someone to perform a contract, stop harassing you, or transfer property.
Try instead: Court of Chancery for injunctions and equitable relief
Class actions
JP Court cannot certify class actions. Each plaintiff must file separately.
Try instead: Superior Court or federal court
Federal claims (bankruptcy, civil rights, patents)
These fall under federal jurisdiction.
Try instead: U.S. District Court for the District of Delaware
Cases subject to mandatory arbitration
If your contract has an enforceable arbitration clause and the defendant raises it, the JP must send the case to arbitration. Common in cell phone, banking, and credit card contracts.
Try instead: Private arbitration per the contract
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. Delaware doesn't require a demand letter for most claims, but several specific situations make it mandatory. Bad-check claims under 6 Del. C. § 1301A require a 30-day written demand before you can recover the $50 (or triple) penalty. Wage claims under 19 Del. C. § 1103 require a written demand to unlock the doubling penalty. Even when not required, a demand letter often resolves the dispute without filing.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
Delaware applies the discovery rule in fraud cases (built into § 8106) and in some latent defect or hidden injury cases. For ordinary contract or property damage, the clock starts when the breach or damage happened, not when you noticed.
File your case
File at the Justice of the Peace Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, the judgment will include the filing fee, service fees, and other court costs as 'costs' the loser owes you. The losing party reimburses your fees on top of the judgment.
E-filing in Delaware: Delaware uses the eFlex e-filing system for JP Court. As of 2023, attorneys are required to e-file statewide. Self-represented filers can still paper file or use eFlex if they prefer. There's a $1.25 technology fee on e-filings.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 30 days before the hearing (in the same county) or 30 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Certified mail by the court. The court mails the complaint and summons by certified mail, restricted delivery, return receipt requested. Counts as valid service only if the defendant personally signs.
- Personal service by constable. If certified mail fails or the defendant is hard to reach, a JP Court constable hands the papers to the defendant in person. The court can arrange this for an alias service fee.
- Substituted service (alternative service). If standard service fails after diligent attempts, the JP can authorize leaving the papers with someone of suitable age at the defendant's home, or other alternative service. Requires a court order.
File the proof of service (Return of Service) at least 0 days before the hearing.
What if you can’t find the defendant?
After certified mail fails, the court typically tries constable service. If that fails, file a motion for alternate service with an affidavit of due diligence. The judge can authorize substituted service (leaving papers with someone at the home or workplace) or, in extreme cases, publication.
If a defendant refuses to take the papers, the constable can leave them in the defendant's presence after identifying themselves. That counts as valid service. If certified mail comes back refused but not unclaimed, that's also typically valid.
Show up to the hearing
Bench trial. Each case typically gets 30 minutes to 1 hour. The judge is fact-finder and decision-maker. Courts are not strictly bound by the rules of evidence when both parties are self-represented; the judge can relax rules to assure a fair hearing.
Lawyers at trial: Allowed. Delaware JP Court allows lawyers on either side. A business can also be represented by a non-lawyer officer or employee under Supreme Court Rule 57, but only if they file a notarized Certificate of Representation (Form 50) with a $20 annual fee.
When you’ll get the decision: JPs sometimes rule on the spot, but often take it under advisement and mail a written judgment within a few days to a few weeks.
What to bring
- Your filed complaint with the court stamp
- Two copies of every document (one for the judge, one for the opposing party) plus original signatures
- Original contracts, invoices, and receipts
- Photos of damage or work (printed in color, multiple copies)
- Text messages and emails (printed and highlighted)
- Bank statements, cancelled checks, or payment proof
- Repair estimates from independent professionals
- A short timeline of what happened
- Any witness who saw the events (or a written statement if they can't attend)
- Demand letters and proof of any pre-suit notices required (bad-check, wage demand, etc.)
If the defendant doesn’t show up
If the defendant doesn't file a written answer by the 15-day deadline, you can file Form 13 (Motion and Affidavit for Default Judgment) to win automatically. For fixed-dollar claims (like a contract debt), the court can enter judgment without a hearing. For damage claims with no fixed dollar amount (like property damage), the court will set a brief 'default hearing' where you testify to the damages. You must also include a sworn statement that the defendant is not active-duty military (required by the Servicemembers Civil Relief Act).
You still have to prove your case. Even on a default, you'll need to prove your damages with sworn testimony or affidavit. Bring contracts, invoices, photos, and other proof. Show up empty-handed and the judge can award less than you asked or dismiss for lack of proof.
If you’re the defendant being sued
Delaware REQUIRES the defendant to file a written answer within 15 days of receiving the lawsuit papers. The answer is JP Civil Form 7. A general denial is fine, but you should also raise any specific defenses (missed deadline to sue, already paid, etc.) or you risk losing the right to use them. The answer can be filed in person, by mail, or via eFlex.
Counter-suing the plaintiff: Allowed using Counterclaim (Defendant's Counterclaim (filed with Form 7 Answer)). Serve the plaintiff at least 15 days before trial (same county) or 15 days (out of county).
Counterclaim bigger than the cap? If your counterclaim exceeds the $25,000 JP Court cap, you have two options: waive the excess and counterclaim within the cap, or move to transfer the entire case to the Court of Common Pleas (which can hear up to $75,000). Plaintiffs who don't want their case removed can sometimes oppose, but courts will usually transfer if fairness requires it.
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has Immediately, but most creditors wait 30 days (the appeal window) before pursuing enforcement to pay. Judgments accrue 5.75% interest per year while unpaid.
Demand letter for payment
Send a polite demand. Often works.
How it works
After 30 days (the appeal window), send a written demand for payment to the loser including the case number, judgment amount, accrued interest, and your preferred payment method. Many debtors pay once they see liens and garnishment on the table.
Wage garnishment (Writ of Attachment)
Take 15% of every paycheck until paid.
How it works
File JP Civil Form 17 listing the debtor's employer. The court issues a writ of attachment to the employer, who must answer within 20 days. Delaware exempts 85% of wages, so you can take only 15% of disposable earnings per pay period. Only ONE wage garnishment can run at a time, so if another creditor got there first you have to wait your turn.
Cost: $20 to $40 in fees plus a small service cost
Notes: Best method for steady-employed debtors. The 15% cap means it's slow, but reliable. If the debtor changes jobs, you have to file a new writ for the new employer.
What’s protected:
- 85% of wages are exempt by statute (only 15% can be taken)
- Social Security, SSI, VA benefits, unemployment, and workers' comp are fully exempt
- Active military service members are protected by the SCRA
Bank account garnishment
Freeze and seize money in their bank account.
How it works
File Form 17 listing the debtor's bank as the garnishee. The bank gets served, freezes the account up to the judgment amount, and answers within 20 days. Federal benefits like Social Security are automatically protected. Delaware allows the debtor to claim wage-source funds at 85% exempt even after deposit.
Notes: First-come-first-served. If multiple creditors hit the same account, the one served first gets paid first. Joint accounts are presumed equally owned, but the non-debtor co-owner can object and prove the funds are theirs.
Lien on real estate (transcribe to Superior Court)
Cheap, passive, very effective long-term.
How it works
Get a Certified Transcript of Judgment from JP Court ($10) and dock it with the Superior Court Prothonotary in any county where the loser owns or might own real estate. Under 10 Del. C. § 4781, that creates an automatic lien on their real property in that county. When they sell or refinance, you get paid out of the proceeds. The lien lasts 5 years and is renewable up to 20 years total.
Cost: $10 JP transcript + $25 to $35 Superior Court prothonotary fee
Notes: Delaware has no general homestead exemption outside of bankruptcy, so a primary residence can technically be reached, but forced sale is rare for small judgments. Liens just sit and wait until the property changes hands.
Writ of Execution (levy on personal property)
Constable seizes and auctions non-exempt property.
How it works
File Form 17 for a writ of execution (Fi. Fa.). A constable will attempt to find leviable assets (vehicles, equipment, etc.) and seize them for auction. Delaware's personal property exemptions are very low ($500 for head of family), so most non-essential items above that can be reached. Best for debtors with a paid-off second car, business equipment, or other valuable items.
Cost: Constable commission of 4% to 7% of recovered amount, plus storage and auction fees
Notes: Less common for small claims because cost can outweigh the benefit. Use when you know the debtor has something specific and valuable.
Renew the judgment (every 5 years)
Keep the judgment alive past the 5-year mark.
How it works
JP judgments expire after 5 years. File Form 15A (Application to Revive) within the last 90 days before expiration with a $20 fee. The court will issue a scire facias writ; if the debtor doesn't object (and they usually don't), the judgment is revived for another 5 years. You can do this repeatedly.
Cost: $20
Multiple creditors? Priority rules.
Delaware allows only ONE wage garnishment at a time, so you queue behind earlier creditors. Bank garnishments and real estate liens run on a first-served basis. If you transcribed your judgment to Superior Court, your lien priority dates from when you docketed it there.
Can you appeal if you lose?
Either party can appeal a final JP judgment. Defendants who got hit with a default judgment can either move to vacate in JP (within 15 days) OR appeal directly to CCP (within 15 days). A plaintiff who won the case generally cannot appeal just to seek a higher award.
- Deadline: 15 days from the judgment notice.
- Filing fee: $135.
- Form: Notice of Appeal — Notice of Appeal to Court of Common Pleas.
- Type: Trial de novo — the case is heard fresh in the higher court.
JP Court appeals to the Court of Common Pleas are TRIAL DE NOVO. The CCP doesn't review the JP judge for errors; it holds a brand-new trial. New evidence, new witnesses, full procedure, possibility of a jury (on demand). The result can be better, worse, or the same as the JP's judgment.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
New Castle
- Civil JP court: Court 13 in Wilmington handles most civil cases. Court 12 in Newark covers some northern New Castle area.
- Mediation: Court 13 has a long-running on-site mediation program for civil cases (especially debt cases).
- Backlog: Most populous county; expect 8 to 10 weeks from filing to hearing.
- Attorneys: More litigants are represented by counsel here, especially collection agencies and landlords.
- Appeals path: Appeals to Court of Common Pleas in Wilmington.
Kent
- Civil JP court: Court 16 in Dover handles civil filings.
- Backlog: Smaller dockets, often 4 to 6 weeks from filing to hearing.
- Mediation: Less formal than New Castle; usually a hallway negotiation rather than scheduled mediation.
- Appeals path: Appeals to Court of Common Pleas in Dover.
Sussex
- Civil JP court: Court 17 in Georgetown handles civil filings.
- Backlog: Generally faster scheduling than New Castle.
- Pro se litigants: Most parties appear without lawyers; judges are accustomed to guiding self-represented litigants.
- Language access: Sizable Spanish-speaking population; interpreters arranged regularly.
- Appeals path: Appeals to Court of Common Pleas in Georgetown.
Why cases get dismissed.
Filing a personal injury claim in JP Court
What goes wrong: JP Court has no jurisdiction over personal injuries. Even if your medical bills are under $25,000, the case will be dismissed.
How to avoid it: Personal injury, defamation, and mental anguish claims must go to the Court of Common Pleas (up to $75,000) or Superior Court. Property-damage-only claims (your car, your fence) are still fine in JP Court.
Suing the wrong name
What goes wrong: You sue 'John's Plumbing' but the actual legal entity is 'John Smith d/b/a John's Plumbing' or 'JSP Services LLC.' Your judgment becomes unenforceable.
How to avoid it: Look up the business at the Delaware Division of Corporations for LLCs and corporations. Use the exact registered name on your complaint. If unsure, name both the individual and the entity in the alternative.
Missing the 15-day answer deadline (defendants)
What goes wrong: You're a defendant who got served, didn't file Form 7 within 15 days, and the plaintiff got a default judgment. Now you have only 15 days to move to vacate.
How to avoid it: File a written answer (even a general denial) within 15 days of service. If you've already missed it, file a motion to vacate within 15 days of the judgment notice, or appeal to CCP within 15 days.
Missing the deadline to sue
What goes wrong: You file a property damage case 2 years and 1 month after the incident. Defendant raises limitations. Case dismissed.
How to avoid it: Delaware property damage claims expire in 2 years. General contract and debt claims expire in 3 years (6 for promissory notes). Wage claims have a tight 1-year deadline. File sooner rather than later.
Skipping a required pre-suit demand
What goes wrong: You file a bad-check claim without sending the 30-day demand letter. The court can't award the $50 (or triple) penalty. Or you file a wage claim without a written demand and lose the 100% doubling penalty.
How to avoid it: Bad-check claims (6 Del. C. § 1301A) require a 30-day written demand. Wage claims (19 Del. C. § 1103) require a written demand to unlock the doubling penalty. Always send via certified mail and keep proof.
Business showing up without Form 50
What goes wrong: Your LLC's owner shows up to represent the business but didn't file Form 50. The judge can refuse to let them advocate (it's unauthorized practice of law without the certificate).
How to avoid it: File the notarized Form 50 with the case AND with the Chief Magistrate before any hearing. Pay the $20 annual fee. Renew every year between November 15 and January 15.
Asking for the wrong remedy
What goes wrong: You ask the JP to order someone to fix something, return to work, or stop harassing you. JP Court can't grant injunctive relief.
How to avoid it: Convert what you want into money. 'Make them finish the job' becomes '$X to hire someone else to finish.' Injunctions and specific performance go to the Court of Chancery.
Winning against a judgment-proof defendant
What goes wrong: You win, but the defendant has only exempt income (Social Security, 85% of wages protected) and no real property. You collect little or nothing.
How to avoid it: Before suing, gauge whether the defendant has reachable assets. Steady job (15% wage take), bank account with non-exempt funds, or real property are the main targets. If they have only exempt income and rent their home, collection may yield nothing.
Letting the judgment lapse at 5 years
What goes wrong: You won a judgment in 2021, didn't collect, and forgot to renew. By 2026, the judgment is dormant and you can't get new writs.
How to avoid it: File Form 15A (Application to Revive) within the last 90 days before the 5-year expiration. $20 fee. Renewable indefinitely in 5-year increments.
Ignoring the arbitration clause
What goes wrong: You sue your cell carrier or bank in JP Court. The defendant moves to compel arbitration under your contract's arbitration clause. JP Court must dismiss or stay your case.
How to avoid it: Read the contract. If there's an arbitration clause, you may need to arbitrate instead of sue. Some clauses have small-claims carve-outs; check yours.
Common questions.
Do I need a lawyer for small claims in Delaware?
How long does small claims take in Delaware from filing to hearing?
What's the maximum I can sue for in Delaware small claims?
Can I sue for personal injury or defamation in JP Court?
What happens if the defendant doesn't show up?
Can I appeal if I lose?
Can I garnish wages in Delaware?
How long is a Delaware JP judgment good for?
Sources17 citations and statutes
- 10 Del. C. § 9301 (JP Court civil jurisdiction)10 Del. C. § 9301(1)
- 10 Del. C. Chapter 81 (statutes of limitations)10 Del. C. § 8106 et seq.
- 10 Del. C. Chapter 49 (exemptions and execution)10 Del. C. § 4913
- 6 Del. C. § 1301A (bad-check civil remedies)6 Del. C. § 1301A
- 25 Del. C. § 5514 (security deposit)25 Del. C. § 5514
- 25 Del. C. § 5306, § 5307 (tenant remedies for failure to repair)25 Del. C. § 5306, § 5307
- 19 Del. C. § 1103 (wage payment doubling penalty)19 Del. C. § 1103
- 6 Del. C. § 2301 (legal interest rate)6 Del. C. § 2301
- 6 Del. C. Chapter 25 (Consumer Fraud Act)6 Del. C. § 2511 et seq.
- Delaware Justice of the Peace Court
- JP Court Civil Fee Schedule (Updated Nov. 5, 2021)
- JP Court Help & Procedures
- Court of Common Pleas Civil Rule 72.3 (appeals from JP)
- JP Court Judgment Revival Information
- House Bill 232 (2020): jurisdiction increase to $25,000HB 232 (2020)
- Delaware Courts E-Filing (eFlex)
- Delaware Division of Corporations
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 27, 2026.