Delaware Small Claims

Small claims court in Delaware enables quick and simple resolution of lower-value civil disputes without the cost and complexity of full litigation. Consumers, tenants, landlords, and small businesses must learn Delaware’s specific rules so they can enforce rights, recover money, and resolve their conflicts.

What Is a Small Claims Court in Delaware?

Delaware places small claims within the Justice of the Peace Court (JP), the state’s entry-level trial court for civil disputes. Matters that can be resolved in the Small Claims include unpaid debts or invoices, security-deposit disputes, straightforward contract or workmanship issues, replevin, and minor negligence/property-damage claims. JP Court civil practice is governed by its own rules and self-help materials designed for the public.

Individuals may represent themselves in court. Artificial entities such as corporations, limited liability companies, or Homeowners’ Associations may appear without an attorney only if they file a Certificate of Representation For An Artificial Entity Form. This form is useful for designating an officer/qualified employee; otherwise, they must use counsel.

Small Claims Court Limits in Delaware

Delaware has one of the highest small-claims caps in the United States: as high as $25,000 for JP Court civil actions (money-damage claims, replevin, and certain negligence cases). If individuals’ demand exceeds the cap, they may waive the excess and remain in the Justice of the Peace Court or file in a higher court. Eviction or summary possession actions are also filed in the court through the procedures for separate landlord-tenant matters.

How to File a Small Claims Case in Delaware

An overview of the process associated with filing a small claims case in Delaware is presented below:

• Confirm eligibility and choose the appropriate court. The plaintiff should file their debt or trespass matter where the defendant resides. For disputes with defendants who are out of the state, the plaintiff will need to perform their own service of process on the defendant. For summary possession cases (landlord/tenant), they must file the matter in the court nearest to the rental property.
• Prepare and file the complaint. The plaintiff must obtain a Complaint Form at any Justice of the Peace Civil Court or online from the court website. In addition, an interactive complaint form may be accessed by the public. They may look at the sample form and instructions or an interactive interview for issues with the general contract.
• For a company/association, address representation. To appear without an attorney, they must file the Certificate of Representation For An Artificial Entity Form with the Chief Magistrate and renew as required. Otherwise, they must hire an attorney. (Note: if a case is appealed to the Court of Common Pleas, an artificial entity must be represented by an attorney there.)
• Serve the defendant properly. Plaintiff may serve the defendant through several methods, such as service by mail requiring a signed receipt. This is commonly used in Justice of Peace matters, and service can also be arranged through constables/servers consistent with the rules. They must check their court’s instructions and file proof of service.
• Filing options and fees. Plaintiffs may file their case in person (paper filing) at all Justices of the Peace civil locations. Delaware also maintains e-filing for the Justice of the Peace Court via eFlex. Plaintiffs must pay the required filing fee or file for a fee waiver if they are unable to afford the filing fee. They must submit a completed in forma pauperis application to the clerk of the court.

Small Claims Court in Major Delaware Cities (Examples)

Examples of major cities in Delaware include

• Wilmington/New Castle County (Justice of the Peace Court 13): The court is located at 2 Penns Way, Suite 203, New Castle, DE 19720. The court handles civil small claims for the northern county region.
• Dover/Kent County (Justice of the Peace Court 16): It is located at 414 Federal St., Room 173, Dover, DE 19901. Cellular telephones and other personal electronic devices are allowed in the courthouse with some restrictions.
• Georgetown/Sussex County (Justice of the Peace Court 17): The court is locatedat 23730 Shortly Rd., Georgetown, DE 19947.

What to Expect at a Small Claims Hearing in Delaware

Once the defendant has been served, the court sets a hearing. Proceedings are informal, where each side presents a concise narrative, plus receipts, contracts, texts/emails, photos, and witnesses.

The cost of service by the Court is included in the filing fee. However, there are additional fees, as well as special procedures involved when suing an out-of-state resident, an insurance company, or corporations or limited partnerships. The plaintiff should also be aware that special procedures apply if they are serving the State of Delaware or any of its agencies or officers. Decisions are often issued at or soon after the hearing.

Once the plaintiff wins a case, they may obtain a judgment to recover their funds. If payment is not made voluntarily, winners may pursue garnishment or execution using civil remedies through the clerk. They may contact the clerk of the Justice of the Peace, civil rules/forms, and any county-specific guidance.

Either party may appeal a Justice of the Peace Court civil judgment to the Court of Common Pleas by filing the required documents within 15 days from the judgment.

How to Search for Small Claims Records in Delaware

Individuals may access small claims case information through the proper channel. They may also access records that are not sealed by law or court order. They may find information that includes the case number, parties, filings/docket entries, scheduled events, and the disposition/judgment. These court records are available to the public at:

• CourtConnect). The provision of Access CourtConnect by the Delaware Judicial Branch provides 24/7 online access to civil dockets for the Justice of the Peace Court, Court of Common Pleas, and Superior Court. They may search by party name, business name, case type, or case number, and generate a docket report.
• Clerk of Court (in person/by request). Individuals may visit the Justice of the Peace civil clerk at the appropriate courthouse for certified copies of court records. They must pay a fee to obtain copies of the documents.