Delaware ยท Justice of the Peace Court
How to file a small-claims case in Delaware
You can sue for up to $25,000 in Delaware (the Justice of the Peace Court cannot award more than this amount). Here is where to file, what the deadlines are, and how to keep your case organized.
Good to know: Delaware does not have a court formally named "small claims court." Civil money claims up to $25,000 are heard in the Justice of the Peace Court. There is no separate small-claims division with a lower dollar cap; the $25,000 limit applies to JP Court civil actions generally. If a claim exceeds $25,000, the plaintiff may still use the JP Court only by waiving the excess (losing the right to the amount over $25,000).
Filing your complaint (Civil Form No. 1) in Delaware
- Confirm the JP Court is the right forum. Determine whether the type and amount of your claim can be handled in the Justice of the Peace Court. Per the court: 'The Justice of the Peace Court may not award any amount exceeding $25,000.'
- Identify the defendant. Obtain and use the correct legal name and address of the defendant, and determine whether anyone other than the defendant needs to be named for service.
- Complete the complaint form. Obtain a complaint form (Civil Form No. 1). The court states: 'To start an action, you must fill out a complaint.'
- File the complaint and pay the fee. File the completed complaint with the Justice of the Peace Court and pay the applicable filing fee ($35-$45 for debt claims depending on the amount in controversy).
- Have the defendant served. After filing, the documents must be served on the defendant. 'After you have filed your complaint with the Court, the Court will attempt to serve (deliver the documents to) the defendant unless you tell the Court that you wish to hire a special process server.'
Filing fees: Filing fees for debt claims are roughly $35 to $45 depending on the amount in controversy. Verify the current fee with the court.
Key Delaware deadlines
| Case type | Deadline to file |
|---|---|
| Written contract | 3 years |
| Oral contract or debt | 3 years |
| Property damage | 2 years |
| Personal injury | 2 years |
Answering a lawsuit: 15 days from receipt of the summons (debt and trespass actions)
Serving the defendant: After filing, the Court will attempt to serve the defendant unless the plaintiff hires a special process server.
Appeals: Most JP Court civil decisions (except landlord/tenant possession cases) may be appealed to the Court of Common Pleas in the county where the JP Court is located; a Notice of Appeal must be filed within 15 days.
Delaware small-claims forms
Official Delaware forms, free from the court; CaseBySelf can pre-fill them from your case details.
- Complaint: Starts a Delaware Justice of the Peace civil case for debt, trespass, replevin, or related JP civil claims.
- Application and Affidavit to Proceed In Forma Pauperis: Requests waiver of Delaware Justice of the Peace court fees and costs because a party cannot afford them.
- Defendant's Answer to the Complaint: Lets a Delaware Justice of the Peace defendant admit the claim or request a trial.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Delaware Courts - How To Start a Civil Action in the Justice of the Peace Court. Last reviewed 2026-06-23.