Small claims court in Delaware

$25,000maximum claim in Justice of the Peace Court, as of 29 October 2026

The basics

Small claims limit: $25,000^1,210 Del. C. 9301(1)
The Justice of the Peace Court can hear contract and property claims of up to $25,000. Interest due on the claim may be added on top.
Court: Justice of the Peace Court^2,110 Del. C. 9301, 9302
Small civil claims are heard in the Justice of the Peace Court, which has jurisdiction across the state.
Filing fee: $35 to $45 (by claim amount)³
The statewide filing fee for a debt claim is $35 for claims under $1,000, $40 for $1,000 to $5,000 and $45 for claims over $5,000.
Lawyers: Yes, not required²
You may appear without a lawyer. A business or public body can be represented by someone who is not a lawyer by filing a certificate of representation (Form 50).
Appeals: 15 days (new trial)⁴
You have 15 days to appeal to the Court of Common Pleas in the same county, where the case starts over. The appeal filing fee is $135 plus sheriff service costs.

Deadlines to sue (statutes of limitations)

How long you usually have to file, counted from when the claim arose. Exceptions apply.

Written contract: 3 years⁵10 Del. C. 8106(a), (c)
You have 3 years to sue over a promise or a debt that is not under seal. A written contract of $100,000 or more can set a longer period, up to 20 years.
Oral contract: 3 years⁵10 Del. C. 8106
You have 3 years to sue over a promise or a debt that is not under seal.
Property damage: 2 years⁵10 Del. C. 8107, 8106(a)
You have 2 years to sue for injury to personal property. Trespass on land has 3 years.
Personal injury: 2 years⁵10 Del. C. 8119
You have 2 years from the date of the injury to sue for personal injuries, with some exceptions.

Small claims rules are set by state law and court rules, and fees are often set locally. Before you file, check the court's own page or call the clerk.

Sources

10 Del. C. Chapter 93, Jurisdiction and Venue (sections 9301, 9302), Delaware Code Onlineofficial
Civil Court Proceedings, Justice of the Peace Court, Delaware Judiciaryofficial
Justice of the Peace Court Civil Fees, Delaware Judiciary, 2021-11-05official
Justice of the Peace Court Appeals of Civil Cases to the Court of Common Pleas, Delaware Judiciaryofficial
10 Del. C. Chapter 81, Personal Actions (sections 8106, 8107, 8119), Delaware Code Onlineofficial

Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.