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DE State Guide

Delaware Small Claims Court

Justice of the Peace Court

$25,000
Maximum Claim
$35 - $65
Filing Fees
30-60 days
Timeline
In-person
Hearing Format

Court Information

Court Name

Justice of the Peace Court

Attorneys

Allowed

Appeal Rights

Appeal to Court of Common Pleas within 15 days

Statute of Limitations

3 years
Written Contracts
3 years
Oral Contracts
2 years
Property Damage

Unique Rules in Delaware

Highest small claims limit in region
Mediation required

How to File in Delaware

1

Determine if your case qualifies for small claims court

2

Send a demand letter to the other party

3

File your claim at the correct courthouse

4

Serve the defendant with the lawsuit

5

Prepare your evidence and presentation

6

Attend the hearing and present your case

Frequently Asked Questions

The maximum you can sue for in Delaware small claims court is $25,000.

Filing fees in Delaware range from $35 - $65, depending on the claim amount.

Yes, attorneys are allowed to represent parties in Delaware small claims court.

From filing to hearing typically takes 30-60 days in Delaware.

Appeal to Court of Common Pleas within 15 days

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