Delaware Small Claims Court

How it works in Delaware

1. Check that the court can hear your claim, and get the defendant's full legal name and address.
2. Fill out the complaint (Civil Form No. 1). A business must file Form 50 first unless it uses a lawyer.
3. File at a Justice of the Peace civil court, usually in the county where the defendant lives, and pay the fee.
4. The court serves the defendant. If that fails, you get a notice and can ask for another try for an added fee.
5. Wait for the trial notice and go to trial. If you miss it, your case may be dismissed.

What it costs

Debt or trespass claims are $35 under $1,000, $40 for $1,000 to $5,000, and $45 over $5,000. Return of property is $55. Service by the court is included, and you can ask to proceed without paying (Form 49).

How long you have to sue

10 Del. C. §§ 8106 (promises, debts, trespass), 8107 (injury to personal property), 8119 (personal injury), 8109 (six years for promissory notes). These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Either side can appeal to the Court of Common Pleas within 15 days of the decision, and the case starts over from the beginning.

Official links

• Delaware small claims self-help
• Court forms
• Find your court