Delaware Small Claims Court Guide
Everything you need to file in Delaware — $15,000 limit (one of the highest in the US), Justice of the Peace Court, and double damages for deposit violations.
Delaware Quick Facts
How to File in Delaware Justice of the Peace Court
Delaware's Justice of the Peace Court handles civil claims up to $15,000, making it one of the most generous small claims limits in the country. The court has 19 locations across the state, and the process is designed to be accessible without a lawyer. Delaware also offers e-filing for added convenience.
- Gather your evidenceCollect your lease, photos, receipts, demand letter with certified mail receipt, and all communication. Delaware judges expect clear documentation. Organize everything chronologically and make copies.
- Go to the courthouseVisit the Justice of the Peace Court in the district where the defendant lives or where the dispute occurred. Delaware has courts in all three counties — New Castle, Kent, and Sussex.
- Fill out the claim formComplete a Civil Complaint form. Include both parties' information, the amount claimed (up to $15,000), and a clear description of the dispute. Forms are available at the court or online at courts.delaware.gov.
- Pay the filing fee & serve the defendantPay the filing fee ($35–$70). Service is typically handled by constable or certified mail. The court clerk can arrange constable service for an additional fee of $20–$40.
- Attend your hearingHearings are scheduled within 30–60 days. The judge will hear both sides informally. Present your evidence, explain the timeline, and cite the specific law violated. Decisions are typically issued the same day.
Delaware Filing Fees
Delaware Justice of the Peace Court filing fees are based on the claim amount. For claims under $5,000, fees are approximately $35–$45. For claims between $5,000 and $15,000, fees increase to about $55–$70. Constable service adds $20–$40, and certified mail costs about $10–$15.
If you win, the court can include your filing fees and service costs in the judgment. Delaware also offers fee waivers for those who qualify based on income — ask the clerk for the appropriate application.
What You Can Sue For
- Security deposits — Landlord failed to return your deposit within 20 days under Del. Code tit. 25 § 5514 (double damages available for willful withholding)
- Unpaid wages — Employer owes you wages, overtime, or commissions up to $15,000
- Property damage — Someone damaged your vehicle, personal property, or belongings
- Breach of contract — A party failed to deliver goods, services, or payments they agreed to
Frequently Asked Questions
What is the small claims court limit in Delaware?
Delaware's limit is $15,000, one of the highest in the US. Cases are heard in Justice of the Peace Court. This generous limit means most security deposit disputes — even with penalty damages — fit within small claims.
How much does it cost to file in Delaware?
Filing fees range from $35 to $70 depending on the claim amount. Constable service adds $20–$40. These costs are recoverable if you win your case.
Do I need a lawyer for Delaware small claims court?
No. Delaware Justice of the Peace Court is designed for self-representation. Lawyers are allowed but not required. The judge will guide the hearing process.
Can I get double damages for my security deposit in Delaware?
Yes. Under Del. Code tit. 25 § 5514, if a landlord willfully fails to return your security deposit within 20 days, the court can award double the amount wrongfully withheld plus court costs.
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