Small Claims Plainly

State guide

Delaware

This is general information, not legal advice. Delaware does not use the title small claims court for its lowest civil docket. The Justice of the Peace Court is the court people use for smaller money disputes. The courts' general civil help page lists that court as a place to file claims to recover personal property, property damage, and other actions to recover money, such as contract disputes or back rent when possession is not sought, when the amount is less than $25,000. The Court's own civil filing guide says you can sue for monetary damages up to $25,000, generally with or without an attorney. Higher amounts can go to the Court of Common Pleas or Superior Court, as that help page charts.

Checked against official sources on October 11, 2026. Rules and links change; confirm with the office listed before you act.

Try a ZIP like 30303, “Travis County” or “Columbus, OH”
Which court hears it
Justice of the Peace Court for smaller money and property claims
Dollar limit we could verify
The Delaware courts help page lists the Justice of the Peace Court as a place to file several money and property-damage claims for less than $25,000. The Justice of the Peace civil guide says the court can be used for monetary damages up to $25,000.
Statute or court page
Official page →
Filing or self-help page
Official page →

The help page is a chart of where a claim can be filed, and several rows overlap. A property-damage claim under $25,000 may be filed in Justice of the Peace Court, the Court of Common Pleas, or Superior Court. Personal-injury claims are charted differently, with a Court of Common Pleas figure the page dates to October 21, 2019, and with Superior Court available for any amount. Read the row that matches your claim type. Choosing Justice of the Peace Court means choosing its procedures. The help page describes that court as less formal, without jury trials except in summary-possession cases, and with a new trial if you appeal.

The civil guide says the Justice of the Peace Court covers money debts, property damage, and return of personal property when the amount does not exceed $25,000, and that landlord-tenant disputes are tried there. It also says that if your claim exceeds $25,000 you may still use the court, but relief is limited to $25,000 and you lose the right to the amount above that line. That waiver is the important tradeoff. Write the number you are demanding so it matches what you are willing to give up. The guide includes a fee schedule that changes by the size of the claim.

Justice of the Peace Court is designed, in the guide's words, as an inexpensive and speedy method of settling claims. Speedy still depends on service. You need a good address for the person or business you are suing, and you need to follow the constable or mailing instructions the court gives you. Appeals from this court are a new trial, which the help page contrasts with an appeal on the record in the Court of Common Pleas. A new trial means you present the evidence again. Keep your originals. If the dispute is mainly about possession of a rental unit, use the landlord-tenant forms rather than a generic debt form.

Official resources in Delaware

Delaware civil claims help chart

Court chart placing many claims under $25,000 in Justice of the Peace Court.

How to file a Justice of the Peace civil claim

Court guide stating the up-to-$25,000 monetary limit and the fee schedule.

Delaware Courts

Home page for Justice of the Peace Court locations and forms.

Delaware Code

Official code for the statutes that set court jurisdiction.

Key facts for Delaware

What to do next

  1. Match your claim type to the row on the courts help chart before you pick a court.
  2. If you file a claim over $25,000 in Justice of the Peace Court, the guide says you give up the excess.
  3. Ask for the current fee schedule at filing.
  4. Keep original exhibits, because an appeal is a new trial.

Looking for your city or county in Delaware?

We haven't found official court-level pages for Delaware we can verify yet, so we don't show local numbers here rather than guess. Here's what to use instead, in order:

  1. General Start with the statewide information above. It applies across Delaware, but cities and counties can add their own steps, fees or deadlines.
  2. Call to confirm Ask the official office. They have the current local rule, fee and form.
    Delaware Courts
    Website →
    Phone not shown: use the contact page on the official website above.
    Your city or county office: Local governments →
    Not sure who handles it locally? USAGov's free help line, 1-844-872-4681, or the Delaware page on USA.gov can point you to the right office.
  3. Know the current info? Tell us and include a link to the official page. We check every tip before it goes up.

Helpful guides

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