Delaware Small Claims Court: $25,000 Limit, Fees and How to File

Delaware has no court called small claims court. Small-dollar civil cases go to the Justice of the Peace Court (JP Court), which can hear claims of up to $25,000 under 10 Del. C. § 9301(1).

That is a high ceiling compared with most states' small claims limits, and the process is simple to start: an individual can appear without a lawyer, the court serves the defendant for you, the filing fee is $35 to $45 for a debt claim, and either side can appeal to the Court of Common Pleas for a new trial. This guide walks through a Delaware JP Court civil case in the order you will live it. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers debt and trespass (property damage) claims in the Delaware Justice of the Peace Court under 10 Del. C. chapter 93, and appeals to the Court of Common Pleas under 10 Del. C. chapter 95, subchapter II. It does not cover landlord-tenant summary possession (eviction) cases, personal injury claims, regular civil cases in other Delaware courts, or small claims in other states. For eviction rules, see our Delaware landlord-tenant laws guide.

Delaware's small claims court: the Justice of the Peace Court

The Justice of the Peace Court handles four kinds of civil cases: debt, trespass (damage to property), replevin (getting specific property back) and landlord-tenant summary possession. Its jurisdiction covers the whole state. 10 Del. C. § 9302 provides: "The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county."

An appeal from a JP Court civil judgment goes to the Court of Common Pleas, which hears the case again from the start (10 Del. C. § 9571).

Delaware small claims limit: $25,000

Under 10 Del. C. § 9301(1), JP Court jurisdiction over contract claims, claims for damage to personal property (including replevin), and injury to real property or trespass is "limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000."

A few details in § 9301(1) work in your favor:

• Interest: interest due on the claim can be added even if the judgment with interest ends up above $25,000.
• Contract penalties: a contract penalty above the limit does not knock the case out of JP Court if the sum actually due is within it.

The $25,000 cap does not apply to money claims, counterclaims or cross-claims in a summary possession action arising from a commercial lease under Title 25, Part IV.

If your claim is worth more than $25,000

You can still use JP Court, but you give up the rest. The court's self-help page says: "If your claim exceeds $25,000 you may use the Justice of the Peace Court if you are willing to limit your relief to $25,000. If you choose to do so, you will lose the right to the amount of the claim over $25,000." Think carefully before cutting a larger claim down, because the excess is gone for good.

What JP Court cannot hear

The court's self-help page states that "the Justice of the Peace Court cannot hear actions involving personal injuries, mental anguish, etc." An injury claim has to go to a different court.

A claim also has a filing deadline. Our Delaware statute of limitations guide covers how long you have for different kinds of claims.

Filing fees

The JP Court fee schedule sets the filing fee by the amount in controversy, and the cost of having the court serve the defendant is included.

The court's JP Court fee page is marked "Updated 11/05/2021." Court costs are set by court rule approved by the Chief Justice and the Supreme Court (10 Del. C. § 9801), so confirm the current amount with the court before you file. If you hire a special process server instead of using court service, you pay the server's fee on top.

Getting your costs back

A winning plaintiff can be awarded court costs, with one catch. The fee page says: "If the Plaintiff files the case outside of the county where the Defendant (person whom the claim is against) resides, court costs will not be awarded."

If you cannot afford the fee

You can ask to proceed without paying fees by filing an Application and Affidavit to Proceed in Forma Pauperis (J.P. Civil Form 49) with your complaint. It must be signed before a notary public or a justice of the peace, and the court applies published income-eligibility guidelines. A separate Affidavit of Good Cause (Civil Form 49A) is only for people the court has barred from filing without permission.

Do you need a lawyer?

No. The court's self-help page says: "An individual may appear in the Justice of the Peace Court without an attorney." You may hire one if you want.

A business has an extra step. A corporation, other artificial entity or public body can appear without a lawyer only if it files a Certificate of Representation (J.P. Civil Form 50) with the Chief Magistrate and complies with Delaware Supreme Court Rule 57. The certificate must be filed before the complaint or answer, renewed every year, and carries a $20 annual registration fee. A business that files five or more cases a year must e-file its pleadings, and if the case is appealed, a corporation needs a lawyer in the Court of Common Pleas.

Court clerks cannot give legal advice or help you fill out your papers.

Where to file

Because JP Court's jurisdiction is statewide, you can technically file at any JP civil court. Where you file still matters for your costs. The court's FAQ warns that "you will generally not be able to recover your court costs in any suit against a Delaware resident unless you bring your action in a court in the county in which the defendant resides."

If you are suing a corporation, an insurance company or the State, the court's self-help page notes special procedures; read them before you file.

Serving the defendant

After you file, the court tries to serve the defendant, and that cost is already in your filing fee. The self-help page says: "The cost of service by the Court is included in the filing fee."

Two exceptions:

• Out-of-state defendants: the court does not serve defendants outside Delaware.
• Special process servers: you may use a special process server designated by the Chief Magistrate instead. The server must return the documents showing the hearing date at least 4 business days before the hearing.

If service fails, the court sends a Notice of Failure to Serve (Civil Form 9, called a non est). To try again, you file an alias request with a new complaint (Form 1) and pay the $20 alias fee.

If you are the defendant

In a debt or trespass case, you must return an answer (J.P. Civil Form 7) "within 15 days of your receipt of the summons," according to the court's guide for defendants.

If you have your own claim against the plaintiff, file a counterclaim, generally at least 5 days before trial, not counting weekends and holidays. Some claims must be brought as a counterclaim or they are lost, so do not hold a related claim back for later.

Default judgments

If the court receives no answer in a debt or trespass case, or the defendant does not appear at trial in any type of case, the plaintiff can ask for a default judgment by filing a notarized Statement in Support of Default Judgment (Civil Form 13). The judgment cannot be more than the amount claimed in the complaint.

Federal law adds a step. Under the Servicemembers Civil Relief Act, before entering a default judgment the court must require the plaintiff to file an affidavit "stating whether or not the defendant is in military service" (50 U.S.C. § 3931(b)(1)).

A defendant who lost by default can ask the court to vacate the judgment by filing a Request for Motion Hearing (Civil Form 11, $15 fee) within 15 days after the default judgment, or within 30 days if service was by certified mail that came back unclaimed (10 Del. C. § 9538(a)). The court notes narrow exceptions, such as a judgment that is legally void or already satisfied. A plaintiff whose debt, trespass or replevin case was dismissed by non-suit for not appearing has the same 15-day window (30 days if service was by certified mail).

The hearing

The court pages we reviewed do not give a typical wait from filing to trial. Bring your documents, photos and witnesses.

If a witness will not come voluntarily, request a subpoena ($10 each). The court's FAQ says "Filing a request for a subpoena must be done no later than 5 business days before trial," or service is not guaranteed (JP Civil Rule 45).

Appeals to the Court of Common Pleas

A party who loses a JP Court civil case can appeal to the Court of Common Pleas in the county where the judgment was entered. The appeal is a trial de novo, meaning the case is heard again from the beginning (10 Del. C. § 9571).

The deadline is short. Section 9571 says: "The appeal shall be taken within 15 days of the final order, ruling, decision or judgment." You file the notice of appeal, with a praecipe and summons on appeal, in the Court of Common Pleas clerk's office, and pay the $135 filing fee at the same time or within 10 more days, and pay the sheriff's service costs by a separate check ($30 per address served, per the court's instructions). Within 10 calendar days you must also file a copy of the notice of appeal with the JP Court. The court warns that if you miss a required document or fee, the appeal will be dismissed.

The appeal must name exactly the same parties and issues as the JP Court case (Court of Common Pleas Civil Rule 72.3). A corporation must be represented by a lawyer in the Court of Common Pleas, even though it could appear without one in JP Court.

An appeal does not by itself stop collection. A defendant who wants to pause it must file a motion for a stay with the Court of Common Pleas, along with a surety or cash deposit covering the judgment plus interest and court costs; without that, execution of the judgment can proceed (Court of Common Pleas Civil Rule 62(c)).

Instead of appealing, either side can ask the JP Court for a new trial within 10 days, starting the day after the judge signs the judgment (JP Civil Rule 59). The court says its power to grant one is limited; newly discovered evidence is an example of a reason.

On appeal, the verdict generally cannot exceed $25,000, not counting interest and costs, unless a party claimed more before the justice of the peace (10 Del. C. § 9572(b)).

Collecting a Delaware JP Court judgment

Winning a judgment does not guarantee payment, and the court does not collect for you. You use the court's enforcement tools, each with its own form and fee:

• Wage garnishment (Civil Form 17): only one garnishment of an individual's wages can run at a time, and the employer answers within 20 days. The execution fee is $30.
• Levy by a constable (Civil Form 16): the constable can seize and sell the debtor's property. For a vehicle, you need a Certificate of Lien from the Division of Motor Vehicles.
• Real estate: a JP Court judgment is not a lien on real estate, but the creditor can file a certified transcript of it with the Superior Court prothonotary in any or all of Delaware's three counties (10 Del. C. § 9569(a)).

A defendant who owns real estate in the county can ask for a 6-month stay of execution within 5 days of the judgment, unless the creditor files an affidavit that the debt will be lost if the stay is allowed (10 Del. C. § 9544). Any defendant who posts security within 5 days can get a 9-month stay (§ 9545). Ask the court about any other waiting period before collection.

Exemptions. Some property is protected from collection under 10 Del. C. §§ 4901 to 4913. Our Delaware debt collection laws guide covers those exemptions. Federal benefits are protected too: Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).

Interest. For judgments based on an agreement, 6 Del. C. § 2301(a) sets post-judgment interest at the lesser of 5 percent over the Federal Reserve discount rate (including any surcharge) or the contract rate. The court notes that interest accrues only on the unpaid balance. We did not verify the current numeric rate or the rule for judgments not based on an agreement.

How long a judgment lasts. The court's collection page says: "A judgment in the Justice of the Peace Court is good for five years." After that, it must be revived by scire facias (Civil Form 15A), with a $20 fee.

When you are paid. The creditor must notify the court in writing once the judgment is paid, and the court's page says to do so within 90 days. Under 10 Del. C. § 9567, a debtor can sue for up to half the judgment amount if the satisfaction is not recorded.

Suing a debt collector, or being sued by one

A debt collector suing over a consumer debt must file where you signed the contract or where you live when the case starts (15 U.S.C. § 1692i(a)(2)). The Federal Trade Commission's advice is to respond by the date in the court papers and not ignore the lawsuit. In JP Court, that means returning your answer within 15 days of receiving the summons.

Claims against the federal government

A claim against a federal agency, or a federal employee acting on the job, is not a JP Court case. Federal district courts have exclusive jurisdiction over Federal Tort Claims Act claims for money damages (28 U.S.C. § 1346(b)(1)), and the claim must first be presented to the agency in writing within two years (28 U.S.C. § 2401(b)).

Official resources

• JP Court civil proceedings
• How to start a civil claim in JP Court
• JP Court civil fees
• Responding to a JP Court civil claim
• Collecting and reviving a JP Court judgment
• Appeals from JP Court to the Court of Common Pleas
• 10 Del. C. chapter 93 (JP Court jurisdiction)

Related

• Small claims court by state
• Delaware statute of limitations
• Delaware debt collection laws
• Delaware landlord-tenant laws
• Maryland small claims court
• Pennsylvania small claims court

Disclaimer: This article provides general legal information about civil claims in the Delaware Justice of the Peace Court under 10 Del. C. chapters 93 and 95 and the other Delaware and federal laws cited above, verified on 2026-10-06. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the Justice of the Peace Court, a legal aid office, or a lawyer licensed in Delaware.

Last updated: 2026-10-06.

Frequently Asked Questions

What is the small claims limit in Delaware?

The Justice of the Peace Court, which hears Delaware small claims, can decide claims of up to $25,000 under 10 Del. C. § 9301(1). Interest due on the claim may be added even if the total then exceeds $25,000.

Does Delaware have a small claims court?

Not by that name. The Justice of the Peace Court hears small civil cases such as debt, property damage (trespass), replevin and landlord-tenant summary possession, statewide.

Can I sue for more than $25,000 in Delaware JP Court?

Only by limiting your claim to $25,000. The court says that if you do, you lose the right to the amount over $25,000.

How much does it cost to file a small claim in Delaware?

The JP Court fee page lists $35 for a debt claim under $1,000, $40 for $1,000 to $5,000, and $45 above $5,000, with court service included. The page is dated 2021, so confirm with the court.

Can I sue for a car accident injury in Delaware JP Court?

Not for the injury. The court states it cannot hear actions involving personal injuries or mental anguish. A property damage claim can go to JP Court as a trespass claim.

Can a business represent itself in Delaware JP Court?

Yes, if it first files a Certificate of Representation (J.P. Civil Form 50) with the Chief Magistrate, complies with Supreme Court Rule 57, renews it yearly and pays the $20 annual fee. On appeal to the Court of Common Pleas, a corporation must have a lawyer.

How long do I have to answer a JP Court civil complaint in Delaware?

In a debt or trespass case, the defendant must return an answer (J.P. Civil Form 7) within 15 days of receiving the summons.

How long do I have to appeal a Delaware JP Court judgment?

15 days from the final order or judgment. The appeal goes to the Court of Common Pleas in the county where judgment was entered and is a new trial (10 Del. C. § 9571). The $135 filing fee and the sheriff's service costs are due at filing or within 10 more days, and a copy of the notice must be filed with the JP Court within 10 days, or the appeal can be dismissed.

Where should I file my JP Court case in Delaware?

Any JP civil court has statewide jurisdiction, but against a Delaware resident you generally cannot recover court costs unless you file in the county where the defendant lives.

How long is a Delaware JP Court judgment good for?

Five years. After that it must be revived by scire facias (Civil Form 15A), which carries a $20 fee.