Small claims in Delaware
The court
- Justice of the Peace Court
- Delaware's entry-level civil court, which hears money claims in the county where the other side lives or where the dispute happened.
The most you can claim
| Claiming as | Most you can claim | Rule |
|---|---|---|
| An individual | $25,000 | 10 Del. C. §9301 |
| A business | $25,000 | 10 Del. C. §9301 |
| A public agency | $25,000 | 10 Del. C. §9301 |
What it costs to file
The fee runs from $35 to $45, set by the size of the claim.
10 Del. C. §9801; Justice of the Peace Court civil fee schedule · The filing fee for a debt claim is $35 under $1,000, $40 from $1,000 to $5,000, and $45 above $5,000.
How long you have
The shortest window in this state is 2 years from the day the damage happened.
10 Del. C. §8107 · A claim for damage to your personal property must be filed within two years of the damage.
Does small claims fit your dispute in Delaware?
Pick what it is about. The next screens ask the amount and the dates. Nothing is saved, and no account is needed.
The detail
- The limit
The limit is the most the court can award on one claim. It depends on who is claiming, and in some states on which court hears it.
- What it costs
The court charges this when you hand in the claim. It is separate from the amount you are claiming.
- How long you have
Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.
Common questions
- How much can you claim in small claims court in Delaware?
- An individual can claim up to $25,000. A business can claim up to $25,000. A public agency can claim up to $25,000. That comes from 10 Del. C. §9301.
- What does it cost to file a small claims claim in Delaware?
- $35 for a claim up to $999.99. $40 for a claim up to $5,000. $45 for a claim up to $25,000. That comes from 10 Del. C. §9801; Justice of the Peace Court civil fee schedule.
- How long do you have to bring a small claims claim in Delaware?
- The shortest window is 2 years, counted from the day the damage happened, under 10 Del. C. §8107. Other kinds of claim run longer; the time-limit page lists each one.
- Do you have to ask for the money before filing in Delaware?
- No, Delaware does not require it, per Delaware Courts, Justice of the Peace Court civil proceedings. Sending a demand letter first is still the usual first step, and it is often what gets the money paid.
- Which court handles small claims in Delaware?
- Justice of the Peace Court. Delaware's entry-level civil court, which hears money claims in the county where the other side lives or where the dispute happened.
Verify with your court
Numbers change, and a court can post its own variation. Open Delaware's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2021-11-05.
- 10 Del. C. §9301 · effective 2020-08-25 · The Justice of the Peace Court hears money claims of up to $25,000, including contract claims and claims for damage to personal property.
- 10 Del. C. §9801; Justice of the Peace Court civil fee schedule · effective 2021-11-05 · The filing fee for a debt claim is $35 under $1,000, $40 from $1,000 to $5,000, and $45 above $5,000.
- 10 Del. C. §8107 · effective 1960-07-09 · A claim for damage to your personal property must be filed within two years of the damage.
- Delaware Courts, Justice of the Peace Court civil proceedings · effective 2026-09-05 · Delaware does not require a written demand before filing a civil claim in the Justice of the Peace Court. Asking first is still the usual first step.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.