What it costs to file in Delaware
The court charges this when you hand in the claim. It is separate from the amount you are claiming.
| Claim up to | Fee | Rule |
|---|---|---|
| $999.99 | $35 | 10 Del. C. §9801; Justice of the Peace Court civil fee schedule |
| $5,000 | $40 | 10 Del. C. §9801; Justice of the Peace Court civil fee schedule |
| $25,000 | $45 | 10 Del. C. §9801; Justice of the Peace Court civil fee schedule |
More about Delaware
Common questions
- 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 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.
- 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.
- 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.
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. §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.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.