How to file a small claims case in Delaware, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
Delaware doesn't require a demand letter for debt or damage claims.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Delaware you can sue for up to $25,000 in the Justice of the Peace Court (civil).
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address where they can be served
- For a one-person business, both the owner's name and the business name
- The amount you're asking for (up to $25,000) and how you got that number
- For property you want back, a description, serial number and value
- A short plain description of what happened
Use the exact corporate name; for sole proprietors and partnerships, check trade name records with the county Prothonotary.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
Civil Form No. 1: Complaint. Get the form.
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $25,000) and how you calculated it
- What you did: when you asked for payment and their response
Sign the complaint; no notary is needed. A fee waiver request must be signed before a notary or judge.
File the original plus three copies, and keep one for yourself.
File and pay
Filing day
Choose how you'll file:
File at a Justice of the Peace civil court in the county where the defendant lives. Out-of-state defendants need special service.
$35 for claims under $1,000, $40 up to $5,000 and $45 above that; $55 to get property back (replevin). Service by the court's constable is included; a special process server costs extra. Can't afford it? Ask for a fee waiver: Motion to proceed in forma pauperis (JP Civil Form 49), signed before a notary or judge.
The court's constable serves the defendant. If service fails, you get a Notice of Failure to Serve and can ask for a second try (alias) for $20.
Serve the defendant
Right after filing
The court's constable serves Delaware defendants, and the cost is in the filing fee. You can also pay a special process server; out-of-state defendants must be served that way.
In debt and property-damage cases, the defendant must return the answer form within 15 days of getting the summons.
Constable's return of service
The constable or special process server reports service to the court; you don't file a form yourself.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
In debt and damage cases, the defendant returns the answer form (Form 7) within 15 days: admit the debt, ask for a trial, or (debt only) ask for a Bill of Particulars. A related counterclaim must be filed at least 5 days before trial.
If you settle, tell the court in writing so the case can be dismissed or a judgment entered by agreement.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the JP Court clerk to issue a subpoena for a witness.
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- If the defendant asks for a Bill of Particulars, send a notarized one within 15 days
- Ask for a new date in writing, with a reason, if you can't attend
- Bring copies of every document and your evidence in date order
- Bring your witnesses, or a subpoena if they won't come voluntarily
- Turn your phone to silent; dress neatly
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't respond or come to trial, a default judgment may be entered. If you miss the trial, your case can be dismissed.
After the judgment
Weeks to months
Either side can appeal within 15 days to the Court of Common Pleas in the same county. The case starts over there. The filing fee is about $135 plus sheriff's fees. You can also ask the JP Court for a new trial within 10 days.
The court doesn't collect for you. If they don't pay, you can ask for wage attachment or a writ of execution so a constable can take property. Wage attachment is limited by Delaware law.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.