Delaware doesn’t have a court called “small claims.” Everyday money disputes go to the Justice of the Peace Court, which can hear contract and property damage claims up to $25,000 [1]. Individuals can file and appear without a lawyer [2], filing fees start at $35 [3], and the losing side can get a brand-new trial in a higher court by appealing within 15 days [4].
At a glance
| Case type | Filing fee |
|---|---|
| Debt claim under $1,000 | $35 |
| Debt claim of $1,000 to $5,000 | $40 |
| Debt claim over $5,000 | $45 |
| Replevin (getting specific property back) | $55 |
| Landlord/tenant (summary possession) | $45 |
| Alias summons (second attempt at service) | $20 |
| Motion to vacate a default or nonsuit judgment | $15 |
| Wage attachment or levy (execution) | $30 |
What the Justice of the Peace Court handles
The court hears contract claims, and claims for damage to or taking of personal property, injury to real property and trespass, as long as the amount claimed or the value of the property doesn’t exceed $25,000 [1]. Interest due on the claim can be added even if the total then goes over $25,000 [1]. It also hears landlord-tenant cases for possession of a rental, which have their own rules [1]. See our guide to the Delaware eviction process.
If you’re owed more than $25,000, you can waive the excess and sue for $25,000 in this court [2]. Otherwise, talk to a lawyer about a higher court.
Where to file
The court’s jurisdiction covers the whole state [7]. To recover court costs from a Delaware resident, the court says to generally file in the county where the defendant lives [2]. The court clerks won’t track down the person or business you’re suing, so you need a correct name and address [2]. Name a sole proprietor individually, “doing business as” the business name [2].
How to file
- Fill out the Complaint, Civil Form No. 1. It’s available at any Justice of the Peace civil court or as a download [2]. The court posts sample complaints for common claims, such as a contract dispute or a security deposit [2].
- File the original and three copies with the filing fee; keep one copy for yourself [2]. If you mail it, include a check or money order [2].
- Businesses and other entities have to file a Certificate of Representation (Civil Form 50) before filing, renewed each year for $20 [2].
Can’t afford the fee? File an Application and Affidavit to Proceed in Forma Pauperis (Civil Form 49) with your complaint, signed before a notary or justice of the peace [2]. The court looks at your income and assets and whether the claim is frivolous [2].
Serving the defendant
The court attempts service, and the cost is included in the filing fee [2]. You can pay extra for a special process server [2]. If service fails, the court sends a Notice of Failure to Serve Complaint, and you can ask for an alias summons for another fee [2].
If you’re the defendant
In a debt or trespass case, the summons will tell you to return an answer, J.P. Civil Form 7, within 15 days of receiving it [5]. On the form you either admit the debt and waive trial, ask for a trial, or, in a debt case, ask for a bill of particulars [5]. If you ask for one, the plaintiff has 15 days to file it with a notarized affidavit [2].
If a defendant who was properly served doesn’t appear, the court can enter a default judgment [9]. A defendant can apply to vacate it within 15 days, or 30 days if service was by certified mail that came back unclaimed [10]. The court’s fee page lists $15 for that motion [3].
The trial
After service, the court sends notice of the trial date, unless the defendant in a debt case admits the amount owed [2]. Bring your documents and witnesses. The court will grant the defendant one postponement as of course, and others to either side for good reason, each for no more than 15 days [11]. If you can’t attend, ask for a continuance in writing and explain why [2]. A plaintiff who doesn’t show up risks a nonsuit and dismissal [2].
Jury trials in this court are available only in landlord-tenant possession cases [5].
Appeals
Either side can appeal a civil judgment to the Court of Common Pleas in the same county within 15 days of the final judgment [4]. The appeal is a trial de novo [4]. The Court of Common Pleas sets its own appeal procedures and bond requirements by rule [4].
Collecting a judgment
A Justice of the Peace Court judgment is good for five years; after that, it has to be revived with an Application to Revive a Judgment (Civil Form No. 15A) before you can use court collection procedures [6]. The court’s fee page lists $30 for a wage attachment or levy and $20 to revive a judgment [3].
Where to get help
- Legal Help Link: the court points people to this lawyer referral program, which charges $35 for a 30-minute consultation [2].
- Legal aid: free help may be available if your income qualifies.
Sources
- 10 Del. C. § 9301: Justice of the Peace Court civil jurisdiction; amount in controversy
- Delaware Courts: How To Start a Civil Action in the Justice of the Peace Court
- Delaware Courts: Justice of the Peace Court Civil Fees
- 10 Del. C. §§ 9570-9571: Right to appeal; appeal in civil actions
- Delaware Courts: How To Respond To A Civil Action in the Justice of the Peace Court
- Delaware Courts: How to Collect and/or Revive a Judgment in the Justice of the Peace Court
- 10 Del. C. § 9302: Venue of the Justice of the Peace Court
- 10 Del. C. § 9536: Setoff or counterclaim
- 10 Del. C. § 9537: Failure of defendant to appear; judgment by default
- 10 Del. C. § 9538: Application to vacate default judgment
- 10 Del. C. § 9527: Adjournments
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What is the small claims limit in Delaware?
Delaware doesn't have a separate small claims court. The Justice of the Peace Court hears contract claims and claims for damage to personal or real property where the amount claimed is $25,000 or less. Interest due on the claim can be added even if the total then goes over $25,000.
How much does it cost to file in the Delaware Justice of the Peace Court?
The court's civil fee page lists $35 for a debt claim under $1,000, $40 for $1,000 to $5,000, and $45 for more than $5,000. The cost of the court's first attempt to serve the defendant is included. If you can't afford the fee, you can ask the court to waive it with Civil Form 49.
How long does a defendant have to answer in the Justice of the Peace Court?
In a debt or trespass case, the summons tells the defendant to return an answer, J.P. Civil Form 7, within 15 days of receiving it. The form lets you admit the debt, ask for a trial, or, in a debt case, ask for a bill of particulars.
Can you appeal a Justice of the Peace Court civil judgment?
Yes. Delaware law allows an appeal to the Court of Common Pleas in the same county within 15 days of the final judgment. The appeal is a trial de novo, meaning the case is heard again from the start.