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How to File in Small Claims Court in Delaware

A practical filing guide for small claims cases in Delaware. Designed for self-represented claimants. Not a law firm and not legal advice.

Verified
Source checked: 2026-04-29

Delaware Justice of the Peace Court may award up to $25,000. Debt and trespass filing fees are tiered by amount in controversy. Individuals may appear without counsel, but unfamiliar legal/procedure issues may justify consulting a lawyer.

Official source
Filing Fee
$35-$45
Max Claim
$25,000
Court
Justice of the Peace Court
Statute
10 Del. C. Sec. 9801

Step-by-Step Filing Instructions

1

File the appropriate civil complaint in Justice of the Peace Court

2

Choose the correct claim type, such as debt, trespass, replevin, or landlord-tenant

3

Attach Form 50 if an artificial entity or public body is appearing without counsel

4

Pay the filing fee based on claim amount and claim type

5

After filing and service, the court sends the trial notice unless the defendant admits the debt or trespass claim

Required Forms

  • -Civil Complaint Form 1
  • -Debt or trespass sample complaint, if applicable
  • -Certificate of Representation Form 50 for qualifying entities appearing without counsel

How to Serve the Defendant

Justice of the Peace Court service rules vary by defendant location. The court does not perform service on out-of-state defendants; special process server rules may apply.

Tips for Winning in Delaware

-Bring ALL documentation - contracts, invoices, texts, emails, photos
-Arrive early and dress professionally
-Be concise - judges hear dozens of cases per day
-Stick to facts, not emotions
-Bring copies of everything (one for you, one for the judge, one for the defendant)
-Know the limit - current display: $25,000. Verify with the court source before filing.
-Send a demand letter first to document the claim before escalating

Frequently Asked Questions

Do I need a lawyer for small claims court in Delaware?

CollectNow is designed for self-represented claimants. It is not a law firm and does not provide legal advice.

How long does the process take?

From filing to hearing, typically 30-60 days in Delaware. Many cases settle before the hearing after receiving the demand letter.

What if I win but they still don't pay?

You can use enforcement tools like wage garnishment, bank levies, and property liens to collect. CollectNow provides all these documents.

Can I sue someone in Delaware if they live in another state?

Generally, you must file in the state where the defendant lives or where the transaction/incident occurred.

Skip the Hassle

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