Delaware · Roommate money dispute
Roommate money dispute in Delaware small claims
Ex-roommate owes you money? Recover it in small claims.
When a roommate leaves without paying their share of rent, utilities, or other agreed expenses — or when money was lent and not repaid — small claims court is an accessible option to recover. Your case turns on showing what was agreed, what was paid by each person, and what remains unpaid. A written roommate agreement or lease addendum is the strongest evidence, but texts, emails, and payment records can also establish the arrangement.
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).
Roommate money dispute in Delaware: local specifics
Delaware roommate money claims are heard in the Justice of the Peace Court. Delaware distinguishes written contracts from oral arrangements for limitations purposes, so whether your roommate agreement was written is relevant to your deadline.
Roommate money dispute: steps that matter
- Gather your roommate agreement, lease, and any written communications about shared expenses, payments made, and what was owed.
- Compile payment records showing what you paid and what the other person did or did not pay.
- Send a written demand for the amount owed and keep proof you sent it.
- File in the court for the county where the rental property is located or where the defendant currently lives.
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.
Deadline that applies to your roommate money dispute
A roommate money dispute is usually a contract or debt claim — unpaid shared expenses, a loan between roommates, or one roommate leaving the other holding the lease. The statute of limitations is typically the contract or debt period, starting from when the money was due or the last payment was 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 roommate money dispute claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract | 3 years |
| Oral contract or debt | 3 years |
| Property damage | 2 years |
| Personal injury | 2 years |
Delaware small-claims forms for your roommate money dispute 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.