How to File a Small Claims Lawsuit in Delaware (2026)
Reviewed by DocDraft Legal Team · Delaware · Last updated May 12, 2026
Delaware Justice of the Peace Court handles civil claims up to $25,000 under 10 Del. C. § 9301, the highest small claims ceiling in the United States. Filing fees range from $35 to $120 by claim amount. The statute of limitations is 3 years for written contracts and 2 years for personal injury.
How do I file a small claims case in Delaware?
File a civil complaint with the Justice of the Peace Court clerk in the county where the defendant resides or where the obligation arose, under 10 Del. C. § 9301. Pay the filing fee ($35-$120 depending on claim and case type) plus a $1.25-per-document technology fee. Constable service follows. Hearings are typically 30-60 days after filing.
What forms do I need for Delaware Justice of the Peace Court small claims?
Delaware uses the Civil Complaint form available at courts.delaware.gov/forms. The form identifies parties, the obligation, the amount (up to $25,000), and a short factual basis. Constable assignment, summons, and proof of service forms follow. Each county Justice of the Peace Court may publish its own fillable PDF versions of the statewide forms.
How is the defendant served in Delaware small claims?
Service is by constable service or certified mail with return receipt under J.P. Civ. R. 4. Most filers use the constable for personal service. Service must occur at least 20 days before hearing. The defendant has 30 days from service to file an answer. Failure to answer leads to default judgment on the plaintiff's motion.
How soon is the Delaware small claims hearing scheduled?
Hearings are typically scheduled 30-60 days after the defendant's 30-day answer period expires, depending on JP Court docket volume. New Castle County JP Courts (Wilmington, Newark) handle higher volumes and may run 60-90 days. Hearings are informal but on the record. The justice of the peace usually rules from the bench or within seven days.
Delaware small claims at a glance
Delaware has the highest small claims jurisdictional ceiling in the United States at $25,000 under 10 Del. C. § 9301, but unlike most states the cases are heard in the Justice of the Peace Court (Delaware's lower trial court) rather than a separately designated small claims division. Wage garnishment is heavily restricted under 10 Del. C. § 4913 (limited to specific categories like child support and back taxes), making collection from a wage-earning Delaware defendant unusually difficult compared to other states. Delaware's 3-year contract SOL under § 8106 is short by national standards, but written contracts of $100,000 or more may extend up to 20 years if the contract so provides (§ 8106(c)). Appeals from JP Court go to the Court of Common Pleas for trial de novo within 15 days.
Filing cost example: $18,000 contractor dispute in Wilmington
Suppose a Wilmington homeowner is owed $18,000 by a contractor for unfinished remodeling under a written agreement. The claim is well within Delaware's $25,000 ceiling, the highest in the U.S., under 10 Del. C. § 9301. The written-contract SOL is 3 years under § 8106. Filing at JP Court 13 (New Castle County) costs roughly $80-$120 depending on case type, plus the $1.25-per-document technology fee. Constable service adds approximately $40. The hearing is typically 60-90 days out. If the homeowner wins, post-judgment interest accrues at Fed discount rate plus 5%, currently around 9-10%. But Delaware's restricted wage garnishment under § 4913 limits enforcement options.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Justice of the Peace Court 13 (Wilmington/New Castle County)
2 Penns Way Ste 401, New Castle, DE 19720
Justice of the Peace Court 11 (Newark)
256 Chapman Rd, Newark, DE 19702
Justice of the Peace Court 16 (Dover)
480 Bank Ln Ste 1, Dover, DE 19904
Justice of the Peace Court 17 (Georgetown/Sussex County)
22861 DuPont Blvd, Georgetown, DE 19947
Justice of the Peace Court 7 (Wilmington East)
4830 Limestone Rd, Wilmington, DE 19808
Relevant Laws
10 Del. C. Ch. 93 (Justice of the Peace Courts)
Governs Delaware Justice of the Peace Court jurisdiction, the $25,000 civil ceiling, filing, service, hearings, and appeals.
10 Del. C. § 8106 to § 8119 (Statute of Limitations)
Sets the 3-year SOL for contracts (§ 8106), 2-year SOL for property damage (§ 8107), and 2-year SOL for personal injury (§ 8119).
Delaware Courts Self-Help
Official Delaware Judiciary portal for civil complaint forms, JP Court filing instructions, and fee schedules.
6 Del. C. § 2301 (Post-Judgment Interest)
Sets post-judgment interest at the Federal Reserve discount rate plus 5%, currently around 9-10% in 2026.
10 Del. C. § 4913 (Wage Garnishment Restrictions)
Limits wage garnishment to specific categories including child support, back taxes, and student loans, restricting general creditor collection.
Regional Variances
Statute of Limitations for Common Claims in Delaware
Written contract
3 years (10 Del. C. § 8106); up to 20 years for $100,000+ contracts under § 8106(c)
Oral contract
3 years (10 Del. C. § 8106)
Property damage
2 years (10 Del. C. § 8107)
Personal injury
2 years (10 Del. C. § 8119)
Debt collection
3 years (10 Del. C. § 8106)
Suggested Compliance Checklist
Send demand letter (required for § 2532)
30 days before filing days after startingRequired for Consumer Fraud Act treble-damages claims under 6 Del. C. § 2532; recommended otherwise. Send by certified mail.
Verify claim is within $25,000 Delaware cap
Before filing days after starting10 Del. C. § 9301 caps JP Court civil claims at $25,000, the highest in the U.S. Reduce only if needed for venue or strategy reasons.
Gather evidence and witness contacts
Before filing days after startingPull contracts, invoices, photos, communications. Make three copies of every document for hearing day.
File civil complaint at JP Court
Within applicable SOL days after startingFile in the Justice of the Peace Court covering the defendant's residence or where the obligation arose. Pay the $35-$120 fee plus tech surcharge.
Arrange constable or certified-mail service
At least 20 days before hearing days after startingService per J.P. Civ. R. 4 by constable or certified mail. File proof of service before hearing day.
Attend hearing with evidence and copies
30-60 days after defendant's answer period days after startingBring evidence, witnesses, and three copies of every document. Note the 15-day appeal window to Court of Common Pleas.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send demand letter (required for § 2532) | Required for Consumer Fraud Act treble-damages claims under 6 Del. C. § 2532; recommended otherwise. Send by certified mail. | demand-letter | 30 days before filing |
| Verify claim is within $25,000 Delaware cap | 10 Del. C. § 9301 caps JP Court civil claims at $25,000, the highest in the U.S. Reduce only if needed for venue or strategy reasons. | - | Before filing |
| Gather evidence and witness contacts | Pull contracts, invoices, photos, communications. Make three copies of every document for hearing day. | - | Before filing |
| File civil complaint at JP Court | File in the Justice of the Peace Court covering the defendant's residence or where the obligation arose. Pay the $35-$120 fee plus tech surcharge. | - | Within applicable SOL |
| Arrange constable or certified-mail service | Service per J.P. Civ. R. 4 by constable or certified mail. File proof of service before hearing day. | - | At least 20 days before hearing |
| Attend hearing with evidence and copies | Bring evidence, witnesses, and three copies of every document. Note the 15-day appeal window to Court of Common Pleas. | - | 30-60 days after defendant's answer period |
Frequently Asked Questions
Yes, partial. Delaware's Courts of Common Pleas and Superior Court support e-filing through File and Serve, with JP Court e-filing expanding through 2026. Many JP Courts still rely on paper filings at the clerk's window. The Delaware Judiciary publishes the civil complaint form at courts.delaware.gov/forms. Some larger JP courts accept email submissions.
Under 10 Del. C. § 4913, Delaware permits wage garnishment only for specific categories such as child support, back taxes, and student loans. General creditor garnishment of wages is not authorized, making collection from a wage-earning Delaware defendant unusually difficult. Creditors must instead pursue bank levy, real-property liens, or execution against other assets.
Under 10 Del. C. § 8106(c), written contracts for amounts of $100,000 or more may extend up to 20 years if the contract expressly so provides. This applies primarily to large commercial agreements and is rarely relevant in small claims at the $25,000 cap. Most JP Court contract claims fall under the standard 3-year SOL of § 8106(a).
If the constable cannot serve the defendant after diligent effort, Delaware permits service by certified mail with return receipt under J.P. Civ. R. 4. If certified mail also fails, the plaintiff may move for alternative service supported by an affidavit of diligent search. Alternative service procedures add approximately 30-45 days to the hearing timeline.
Yes. Delaware accepts an In Forma Pauperis Application from filers below 125% of federal poverty guidelines or receiving public benefits. Filing the application with the civil complaint pauses the $35-$120 filing fee plus the technology fee pending review. Most Justice of the Peace Courts decide indigency applications within 14 days under court rules.
Either party may appeal to the Court of Common Pleas for trial de novo within 15 days of JP Court judgment under 10 Del. C. § 9571. The appealing party must post a bond. The Common Pleas court hears the case fresh on the same evidence and testimony. Appeals typically resolve in 120-240 days, longer for contested matters.
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