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How to File in Small Claims Court in Delaware

Everything you need to know about filing a small claims case in Delaware. No lawyer needed.

Filing Fee
$45
Max Claim
$25,000
Court
Justice of the Peace Court
Statute
10 Del. C. ยง9301

Step-by-Step Filing Instructions

1

File at Justice of the Peace Court

2

Pay filing fee

3

Court arranges service

Required Forms

  • ๐Ÿ“„Civil Complaint

How to Serve the Defendant

Served by constable or certified mail.

Tips for Winning in Delaware

โœ“Bring ALL documentation โ€” contracts, invoices, texts, emails, photos
โœ“Arrive early and dress professionally
โœ“Be concise โ€” judges hear dozens of cases per day
โœ“Stick to facts, not emotions
โœ“Bring copies of everything (one for you, one for the judge, one for the defendant)
โœ“Know the limit โ€” Delaware caps small claims at $25,000
โœ“Send a demand letter first โ€” 40% of cases settle without going to court

Frequently Asked Questions

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

No. Small claims court is specifically designed for people to represent themselves. In some states, lawyers are not even allowed.

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

We generate your demand letter and pre-fill all Delaware court forms automatically.

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