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New Castle County, Delaware · Small claims court · Updated Oct 2026

Small claims court in New Castle County, Delaware

In New Castle County, small claims cases up to $25,000 are heard by the Justice of the Peace Court 13. Here is where it is, how to reach it and how to file.

$25,000Most you can sue for
$35–$45Filing fee, depends on the amount you claim (state figure)
OptionalBusinesses need a lawyer or Form 50
VariesTypical wait to the hearing

Where to file in New Castle County

Justice of the Peace Court 13

Address: 2 Penns Way, Suite 203, New Castle, DE 19720 · Map

Phone: 302-323-6070

Online filing: available, per the court

New Castle County has two JP Court locations that take civil cases: Court 13 in New Castle and Court 9 in Middletown (757 North Broad Street, Middletown Square Shopping Center, Middletown, DE 19709; 302-378-5221). File in the county where the defendant lives.

Court website (courts.delaware.gov)

Court addresses, phones and hours change. Call the clerk before you go, and ask whether small claims are filed at this location.

Is this the right county?

File at a Justice of the Peace civil court in the county where the defendant lives. Out-of-state defendants need special service.

If the person or business you are suing is in another county, use that county's court instead. See all Delaware counties.

How to file in New Castle County

  1. Ask for payment in writing

    Delaware doesn't require a demand letter for debt or damage claims. Make a free demand letter.

  2. Fill out the claim form

    Complaint (Civil Form No. 1).

    Get the form (official site)

  3. File it with the Justice of the Peace Court 13 and pay the fee

    $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. Fee waiver: Motion to proceed in forma pauperis (JP Civil Form 49), signed before a notary or judge.

  4. Have the papers served

    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.

  5. Go to the hearing

    The court mails a trial notice once the defendant is served and asks for a trial. Timing varies by court. Bring receipts, photos, messages, the contract and your demand letter, with copies.

Want every detail? The full Delaware filing guide covers each stage with a checklist.

Open the filing guide

Common questions

Where is small claims court in New Castle County?

Small claims in New Castle County are filed with the Justice of the Peace Court 13, 2 Penns Way, Suite 203, New Castle, DE 19720. Phone: 302-323-6070.

How much can I sue for in New Castle County small claims court?

Up to $25,000. The court can award up to $25,000. If you're owed more, you can sue for $25,000 and give up the rest. The court hears debt, property damage and property-return claims, but not personal injury.

How much does it cost to file in New Castle County?

$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. Fee waiver: Motion to proceed in forma pauperis (JP Civil Form 49), signed before a notary or judge.

Can I file a small claim online in New Castle County?

Yes. The court says online filing is available for small claims. Check the court website for the e-filing system and any fees.

Other Delaware counties