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.

How long do you have on a property damage claim in Delaware?

2 years, counted from the day the damage happened, under 10 Del. C. §8107.

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.

How long you have in Delaware

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.

How long you have in Delaware
Kind of claim	Window	Counted from	Rule
Unpaid Invoice	3 years	the day the payment was missed or the agreement was broken	10 Del. C. §8106(a)
Unpaid Loan	3 years	the day the payment was missed or the agreement was broken	10 Del. C. §8106(a)
Contractor Dispute	3 years	the day the payment was missed or the agreement was broken	10 Del. C. §8106(a)
Auto Repair	3 years	the day the payment was missed or the agreement was broken	10 Del. C. §8106(a)
Security Deposit	3 years	the day the payment was missed or the agreement was broken	10 Del. C. §8106(a)
Other	3 years	the day the payment was missed or the agreement was broken	10 Del. C. §8106(a)
Property Damage	2 years	the day the damage happened	10 Del. C. §8107
Sale of Goods	4 years	the day the payment was missed or the agreement was broken	6 Del. C. §2-725(1)

Worked example

If the day the payment was missed or the agreement was broken was 2026-03-15, a window of 3 years runs out on 2029-03-15. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.

More about Delaware

Common questions

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.
How long do you have on a property damage claim in Delaware?: 2 years, counted from the day the damage happened, under 10 Del. C. §8107.
How long do you have on a sale of goods claim in Delaware?: 4 years, counted from the day the payment was missed or the agreement was broken, under 6 Del. C. §2-725(1).
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.

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 page

Verified on 2026-09-05, sources: Rules effective from 2021-11-05.

10 Del. C. §8106(a) · effective 2014-08-01 · A claim based on a promise or agreement, written or spoken, must be filed within three years of when it was broken.
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.
6 Del. C. §2-725(1) · effective 1967-07-01 · A claim about a sale of goods must be filed within four years of the breach.

FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.