Delaware · Unpaid personal loan

Unpaid personal loan in Delaware small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Delaware, small-claims cases are heard in the Justice of the Peace Court and you can sue for up to $25,000 (the Justice of the Peace Court cannot award more than this amount).

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).

Unpaid personal loan in Delaware: local specifics

Delaware personal loan claims are heard in the Justice of the Peace Court. Delaware distinguishes between written and oral contracts for limitations purposes, so the form of your loan agreement matters for your deadline.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your complaint (Civil Form No. 1) in Delaware

1. 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.'
2. 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.
3. 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.'
4. 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).
5. 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.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 3 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.

All Delaware small-claims deadlines

The table below lists the filing deadlines Justice of the Peace Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Delaware small-claims forms for your unpaid personal loan case

These forms are published by the Justice of the Peace Court. CaseBySelf can pre-fill them automatically 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.