Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.
What Is the Dollar Limit in Delaware Small Claims Cases?
Because of the relaxed procedures, you won’t be able to recover as much as you would in other courts. But, still, Delaware has the highest small-claims court limit in the United States: You can recover up to $25,000 in a Delaware small claims court action in a Delaware Justice of the Peace Court. (Del. Code tit. 10, § 9301 (2025).)
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the expense of hiring an attorney.
What Type of Claim Can I Bring in a Delaware Small Claims Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
"Defendants" or those sued can include mechanics, dry cleaners, and caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.
Landlords also use small claims court to recover unpaid rent and property damage. In Delaware, landlords can file summary possession cases, a precursor to eviction, in a Delaware Justice of the Peace Court.
On the other hand, small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody.
Also, typically, most small claims courts won’t allow you to bring libel or slander actions or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Action in Delaware?
The first step is filling out the necessary forms for your claim and paying the required fees. The claim would be called a “complaint” in a higher court.
If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in Delaware’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.
Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.
What Information Do I Need to File My Small Claims Suit in Delaware?
You'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
How Much Time Do I Have to File a Small Claims Action in Delaware?
You must bring a lawsuit within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available. How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral and written contract matter, or another cause of action.
The rules on time limits aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily or “toll” in some situations, such as if the plaintiff is a minor or incarcerated.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which Delaware Small Claims Court Should I File In?
In Delaware, you’ll file your small claims matter in the Delaware Justice of the Peace Court. If you choose the wrong location, or "venue," the defendant can ask the court to move or dismiss the action.
The venue rules require you to file the case in the following county:
- where the defendant resides, or
- in eviction cases, where the property is located.
You can find information about a business location on the Delaware Secretary of State business entity search webpage.
If the defendant is a non-resident of Delaware, or if the defendant's residence is unknown, other rules will apply. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
How Do I Serve My Small Claims Action in Delaware?
You must inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.”
In Delaware, you’ll have help completing the service of process. The court will serve the documents on the defendant unless the defendant is out-of-state or you request a special process server.
Does the Defendant Need to Respond to a Small Claims Action in Delaware?
In debt or trespass claims, the defendant must file a written answer within 15 days of receiving service to avoid a default judgment (an automatic loss). (Del. Code tit. 10, §§ 9523, 9536 (2025).)
Find out more about defending a small claims action.
How Do I Get Ready for Trial in Small Claims Court?
Most people don't enjoy appearing in court, and stress can run high. The best way to ensure that you'll do your best is through careful preparation. Consider doing the following:
- prepare a compelling statement
- gather documents and evidence, such as contracts, credit card statements, and photographs
- select reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- decide on the order in which you will present your evidence, and
- prepare what you will say in court.
Also, outline the points you plan to make to avoid missing anything. Also, organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages” or the amount you've lost can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
What Happens If I Win My Delaware Small Claims Case?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
Can I Appeal a Delaware Small Claims Court Decision?
If you disagree with the outcome of the case, you can appeal. But you'll have to move fast. You'll lose your rights if you don't file an appeal on time.
In landlord/tenant summary possession cases, you have only five business days starting from the day after the judge signs judgment to file the appeal. In all other cases, you must file the appeal within 15 actual days (not business days) starting from the day after the judge signs judgment. (Del. Code tit. 10, § 9505; Delaware Justice of the Peace Court Rules of Civil Procedure, Rule 72.1 (2025).)
It’s important to understand that the triggering event is the judge signing judgment, not when the judge announces the decision or when you receive the judgment. Because you must count correctly, be sure to use the proper date.
Caution: Check the dates carefully. You must comply with appeal requirements explicitly. If unsure about the appeal process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
Where Can I Get More Information on Delaware Small Claims Court?
You can read Delaware's small claims court statutes at the Delaware Code Online website. See, especially, Del. Code tit. 10, §§ 9301 to 9640. See also the Justice of the Peace Courts Rules of Civil Procedure, Rules 1 to 72.1.
Delaware's Justice of the Peace Court and Court Proceedings webpages are also great resources. You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.
Can I Hire a Lawyer to Represent Me in Small Claims Court in Delaware?
If you’re uncomfortable representing yourself, you can hire a lawyer. Attorneys are allowed to represent claimants in Delaware small claims court, but they're not required.