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Free Reference Guide · 2026

Delaware Small Claims Court Guide

Key fees, step-by-step instructions, and important deadlines — specific to Delaware. Sourced from official state and court websites.

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Delaware Small Claims Court — Key Numbers

$25,000
Court limit
$35–$100
Filing fee
3 yrs
Written contract SOL
3 yrs
Oral contract SOL
Justice of the Peace Court
Court name
Delaware note
Delaware has one of the highest limits — tied with Tennessee for the highest in the US.

Step-by-Step: Small Claims Court in Delaware

  1. 1

    Confirm your claim is within the Delaware limit of $25,000.

  2. 2

    Send a written demand letter via certified mail — give the other party 14–30 days to respond.

  3. 3

    File your Plaintiff's Claim form at the Justice of the Peace Court clerk's office (fee: $35–$100).

  4. 4

    Arrange service of process — the defendant must be formally notified of the lawsuit.

  5. 5

    Gather your evidence: contracts, receipts, photos, texts, and any written estimates.

  6. 6

    Attend your hearing. Bring organized evidence. State your case clearly and let the facts speak.

  7. 7

    If you win and the defendant doesn't pay, use wage garnishment or bank levy to collect.

Can't afford the filing fee?

Delaware courts offer fee waivers (In Forma Pauperis) for filers below 125–200% of the federal poverty level. Ask the court clerk for a fee waiver form before paying. → Delaware fee waiver guide

Data sourced from official Delaware government and court websites. Updated May 2026. Always verify current fees with your local courthouse before filing.

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