Delaware · Unpaid wages

Unpaid wages in Delaware small claims

Employer didn't pay what you're owed? Small claims can help.

If an employer has not paid wages, final paychecks, overtime, or promised bonuses, small claims court is one avenue to recover — and in many states, wage claims can also be filed with the state labor or wage-and-hour agency as a separate (sometimes faster) process. Your strongest evidence is documentation of the hours worked, the agreed pay rate, and what was actually paid, along with any employment agreement or pay stubs.

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 wages in Delaware: local specifics

Delaware unpaid wage claims can be filed in the Justice of the Peace Court or with the Department of Labor's Office of Labor Law Enforcement. Delaware applies different limitations periods to written contracts and oral arrangements, so the form of your employment agreement matters.

Unpaid wages: steps that matter

1. Gather your employment agreement, pay stubs, timesheets or other hours records, and any written communication about your pay rate or the amount owed.
2. Calculate the exact amount you are owed: hours worked times rate, minus any payments already received.
3. Check whether your state's labor or wage-and-hour agency offers a separate wage claim process that may be faster or recover more.
4. Send a written demand to your employer stating the amount owed and a deadline to pay, and keep proof you sent it.
5. File in the court for the county where you worked or where the employer is located, within the applicable deadline.

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 wages

An unpaid wages claim can be framed as a contract claim (you worked under an agreement and were not paid) or as a statutory wage claim under your state's labor laws. The applicable statute of limitations may differ depending on the theory used; state wage statutes sometimes provide their own shorter or longer deadlines. Confirm which period governs your situation with the court or your state's labor agency.

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 wages claim with your court before relying on any figure.

Delaware small-claims forms for your unpaid wages 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.