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Small Claims Court Limits in Delaware

In Delaware, the Justice of the Peace Court hears civil debt claims up to $25,000, filing a debt claim costs $35 to $45, and parties may use a lawyer.

Last checked . General information, not legal advice.

Delaware at a glance

Maximum claim
$25,000
This is the civil limit of the Justice of the Peace Court, which hears small civil debt claims.
Filing fee
$35 to $45
Debt claims: $35 under $1,000, $40 from $1,000 to $5,000, $45 over $5,000 (court fee table updated November 5, 2021).
Lawyers allowed
Yes
Individuals may appear without a lawyer; entities need a lawyer unless they file a Certificate of Representation.

Sources

Last checked

The rules in Delaware

What is the small claims court limit in Delaware?

Maximum claim in Delaware: $25,000. This is the civil limit of the Justice of the Peace Court, which hears small civil debt claims.

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

Filing fee in Delaware: $35 to $45. Debt claims: $35 under $1,000, $40 from $1,000 to $5,000, $45 over $5,000 (court fee table updated November 5, 2021).

Can you bring a lawyer to small claims court in Delaware?

Yes. Lawyers allowed in Delaware: yes. Individuals may appear without a lawyer; entities need a lawyer unless they file a Certificate of Representation.

Where do the Delaware small claims court limits come from?

The rules above come from Del. Code tit. 10, 9301. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Before filing, send the other side a written demand that states what is owed, why, and a deadline to pay. A clear demand letter sometimes settles the dispute without court, and some courts ask whether you tried to resolve the matter first.

Bring organized evidence to the hearing: contracts, receipts, invoices, photos, text messages and any written promise to pay. Prepare a short timeline of what happened. Judges in small claims court decide cases quickly, so a clear, document backed explanation helps.

Winning a judgment does not mean you are paid automatically. If the other side does not pay voluntarily, you may need to use collection tools such as wage garnishment, a bank levy or a lien, and each of those has its own forms, fees and rules.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.