Delaware Demand Letter
This letter applies Delaware's 30-day bad-check demand statute, its $40 pre-hearing cure, and the Justice of the Peace Court's $25,000 civil limit.
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What is this demand about?
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Introduction
Delaware does not require most people to send a demand letter before they sue, but if you are owed money on a dishonored check, 6 Del. C. Section 1301A(a) conditions your right to the statute's civil penalty on a written demand made at least 30 days before you file suit, and the person who wrote the check can still avoid that suit by tendering the check amount, plus a $40 fee and court costs, before the hearing. Nothing in Delaware's Consumer Fraud Act, 6 Del. C. Sections 2511-2527, conditions an ordinary private consumer damages claim on a notice-and-cure step, unlike states that require a written notice before a consumer lawsuit. Delaware generally follows the American Rule, so each side pays its own attorney's fees absent a contract clause or specific statute; no general statute requires you to present a claim and wait a set number of days before recovering fees. Delaware's Justice of the Peace Court hears civil claims up to $25,000, under 10 Del. C. Section 9301(1), where attorneys are allowed to represent a party. If your dispute is over a security deposit or a final paycheck, use the security deposit demand letter or final paycheck demand letter pages instead, which are built around those specific statutes. DocDraft builds your Delaware demand letter from your facts and your deadline, with attorney review available before you send it.
Key Things to Know
- 1
If you are owed money on a dishonored check, Delaware's bad-check statute, 6 Del. C. Section 1301A(a), lets you recover $50 for a first dishonored check from that drawer within 1 year, or triple the check amount, capped at $250, for a second or later dishonored check from the same drawer within 1 year of a prior one, plus court costs, but only if you send a written demand at least 30 days before you file suit.
- 2
Nothing in Delaware's Consumer Fraud Act, 6 Del. C. Sections 2511-2527, requires a private consumer to send a pre-suit notice before filing an ordinary damages claim, unlike states that condition a consumer lawsuit on a notice-and-cure letter.
- 3
Even after you file a bad-check suit, the person who wrote the check can still avoid it by tendering the check amount, plus a $40 fee and court costs, before the hearing, under 6 Del. C. Section 1301A(b).
- 4
Delaware generally follows the American Rule, so each side pays its own attorney's fees absent a contract clause or specific statute, and no general Delaware statute requires you to present a claim and wait a set number of days before you can recover attorney's fees.
- 5
Under 6 Del. C. Section 1301A(c), the drawer and payee may agree in writing to different terms, but the bad-check penalty is not available for short-term consumer loans under 5 Del. C. Section 978 or Section 2235A.
- 6
Delaware's Justice of the Peace Court hears civil claims up to $25,000, under 10 Del. C. Section 9301(1), and unlike some states' small-claims courts, it does not bar attorneys from representing a party.
- 7
Under 10 Del. C. Section 9301(1), accrued interest can be added on top of the Justice of the Peace Court's $25,000 limit without losing jurisdiction; never threaten arrest, jail, or criminal prosecution to collect a civil debt like this one.
Key decisions before you file
Before you file a Demand Letter in Delaware, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.
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Delaware Requirements for Demand Letter
Bad-Check Written Demand at Least 30 Days Before Suit
6 Del. C. Section 1301A(a) makes a written demand for payment, sent at least 30 days before you file suit, an element of recovering this statute's civil penalty for a dishonored check.
Bad-Check Demand Has No Mandated Delivery Method
The statute requires only that the demand be in writing and predate the suit by at least 30 days; it does not itself require certified or registered mail, though a method that proves delivery still protects you if the 30 days is later disputed.
Bad-Check Penalty Tiers
6 Del. C. Section 1301A(a) sets the civil penalty at $50 for a first dishonored check from that drawer within 1 year, and triple the check amount, capped at $250, plus court costs, for a second or later dishonored check from the same drawer within 1 year of a prior one.
Statutory Cure Before the Hearing
Under 6 Del. C. Section 1301A(b), the drawer can still avoid the suit, even after it is filed, by tendering the amount of the check, plus a $40 fee and court costs, before the hearing.
No General Consumer Pre-Suit Notice
Nothing in Delaware's Consumer Fraud Act, 6 Del. C. Sections 2511-2527, imposes a notice-and-cure step on an ordinary private consumer damages claim, unlike states that condition a consumer lawsuit on a pre-suit demand letter.
American Rule on Attorney's Fees
Delaware generally follows the American Rule, so each side pays its own attorney's fees absent a contract clause or specific statute; no general statute requires you to present a claim and wait a set number of days before recovering fees.
Written Variations and Short-Term Loan Carve-Out
Under 6 Del. C. Section 1301A(c), the drawer and payee may agree in writing to different terms, but the bad-check penalty is not available for short-term consumer loans under 5 Del. C. Section 978 or Section 2235A.
Justice of the Peace Court Venue and $25,000 Limit
Delaware's Justice of the Peace Court hears civil claims up to $25,000, under 10 Del. C. Section 9301(1), and unlike some states' small-claims courts, does not bar attorneys from representing a party.
Interest on Top of the $25,000 Limit
Under 10 Del. C. Section 9301(1), accrued interest can be added on top of the Justice of the Peace Court's $25,000 limit without losing jurisdiction.