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Small claims court in Delaware (2026)

In Delaware you can sue for up to $25,000 in small claims. Court: Justice of the Peace Court (civil). Lawyers: allowed. Appeal: either side, 15 days. For a broken written agreement you generally have 3 years to sue. Last checked .

Delaware small claims at a glance

Most you can sue for
$25,000
Court
Justice of the Peace Court (civil)
Filing fee
$35–$45
Lawyers
Allowed
Appeal
Either side, 15 days

Can you sue in Delaware small claims?

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Delaware small claims limit

$25,000

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The rule: Up to $25,000 for contract claims, damage to or taking of personal property, injury to real property, and trespass on land. Personal injury claims are not within the court's civil jurisdiction. The $25,000 cap does not apply to claims in commercial-lease summary possession cases.

Deadline to sue (general rule)

3 years for this kind of claim in Delaware. Enter the date it happened to see the last day.

Actions on a promise or a debt not under seal, and trespass: 3 years. Injury to personal property: 2 years. Personal injury: 2 years. Promissory notes and signed acknowledgments of a debt: 6 years.

Lawyers: Lawyers may represent either side.

Appeal: Appeal to the Court of Common Pleas in the same county within 15 days of the final order or judgment; the appeal is a trial de novo. The CCP fee for a JP Court appeal is $135. Either party may also move for a new trial in JP Court within 10 days. Corporations must be represented by a lawyer in the Court of Common Pleas. An appeal does not stop collection unless the appellant moves for a stay with a surety or cash deposit covering the judgment, interest and costs.

Filing fee: Statewide JP Court filing fee for debt or trespass: $35 under $1,000; $40 for $1,000-$5,000; $45 over $5,000 (fee page marked updated 11/05/2021). An entity using a non-lawyer representative pays a $20 annual Form 50 registration fee.

The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.

All Delaware small claims rules →Write a demand letter →

Where to file and how much

  • Court. Delaware has no separate small claims court; the Justice of the Peace Court hears civil debt, trespass (property damage) and replevin cases. The court serves in-state defendants; it does not perform service on out-of-state defendants.
  • Limit. Up to $25,000 for contract claims, damage to or taking of personal property, injury to real property, and trespass on land. Personal injury claims are not within the court's civil jurisdiction. The $25,000 cap does not apply to claims in commercial-lease summary possession cases.
  • Filing fee. Statewide JP Court filing fee for debt or trespass: $35 under $1,000; $40 for $1,000-$5,000; $45 over $5,000 (fee page marked updated 11/05/2021). An entity using a non-lawyer representative pays a $20 annual Form 50 registration fee.

Who can sue and who can speak in court

  • Individuals may appear without a lawyer, and lawyers are allowed. A corporation or other artificial entity may appear through an officer or employee qualified under Supreme Court Rule 57 by filing a Certificate of Representation (Form 50), renewed yearly. Official sources reviewed are silent on assignees.
  • Before you file. The official sources reviewed do not require a demand for payment before filing.
  • Jury and moving the case. JP Court civil cases are decided by a magistrate; the court's materials list no jury. Either party may appeal for a new trial in the Court of Common Pleas, where the court or a jury decides.

How long you have to sue in Delaware

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Actions on a promise or a debt not under seal, and trespass: 3 years. Injury to personal property: 2 years. Personal injury: 2 years. Promissory notes and signed acknowledgments of a debt: 6 years.

Kind of claimTime to sue
Written contract3 years
Oral (spoken) agreement3 years
Damage to property2 years
Personal injury2 years

Law: 10 Del. C. 8106(a), 8107, 8119, 8109

After the hearing: appeals and collecting

Who can appeal
Either side can appeal.
Kind of appeal
A new trial in a higher court
Deadline
Appeal to the Court of Common Pleas in the same county within 15 days of the final order or judgment; the appeal is a trial de novo. The CCP fee for a JP Court appeal is $135. Either party may also move for a new trial in JP Court within 10 days. Corporations must be represented by a lawyer in the Court of Common Pleas. An appeal does not stop collection unless the appellant moves for a stay with a surety or cash deposit covering the judgment, interest and costs.
Collecting the money
The winner can ask for wage garnishment (attachment) or a constable sale of the debtor's property. A JP Court judgment is good for five years; after that it must be revived by scire facias.

Good to know in Delaware

  • Delaware has no court named small claims; the JP Court civil docket fills that role.
  • Personal injury claims must be filed in a higher court.
  • Interactive filing forms for debt, security deposit, replevin and trespass are linked from the JP Court civil page.

Official help and forms

Sources

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.

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