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Delaware Small Claims Court Limits
Delaware has one of the highest small claims limits in the country at $25,000, handled by Justice of the Peace Court.
Court Name: Justice of the Peace Court
Official Website: https://courts.delaware.gov/jpcourt/
Filing Fees in Delaware
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Typical Range | $35-50 |
Filing fees are relatively low. Additional costs for service of process and constable fees.
Serving the Defendant
Service must be completed at least 15 days before the hearing date.
Allowed Service Methods:
- Personal service by constable
- Certified mail
- First-class mail with affidavit
Important: You must serve the defendant at least 15 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-60 days for your hearing date.
Attorneys Allowed: Attorneys are permitted in Delaware Justice of the Peace Court but most parties represent themselves.
Appeals
Either party may appeal to Court of Common Pleas within 15 days.
Delaware Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | years |
| Oral Contract | years |
| Property Damage | years |
| Personal Injury | years |
Do I Need a Demand Letter Before Filing?
Sending a demand letter is recommended to show good faith and may help resolve the dispute without court.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in Delaware?
Delaware has one of the highest small claims limits in the US at $25,000, handled by the Justice of the Peace Court.
What is small claims court called in Delaware?
In Delaware, small claims cases are heard in Justice of the Peace Court, which handles civil disputes up to $25,000.
How long do I have to sue for breach of contract in Delaware?
In Delaware, you have 3 years to file a lawsuit for breach of written or oral contract from the date of breach.
Can I appeal a small claims judgment in Delaware?
Yes. Either party may appeal to the Court of Common Pleas within 15 days of the judgment.
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup