Courts · Small Claims
Small Claims Court Limit in Delaware
The most you can sue for in Delaware small claims — with the filing-fee range and whether a lawyer is allowed, cited to the statute.
The limit, the fee & who can appear in Delaware
The claim ceiling, how the filing fee is set, and whether lawyers are allowed at the hearing.
| Maximum claim | $25,000 |
| How the limit works | One statewide limit |
| Filing fee | $35–$45 by claim size for a debt action (about $35 under $1,000, $40 for $1,000 to $5,000, $45 over $5,000), plus a small per-document technology fee |
| Lawyers at the hearing | Allowed |
| Statute / court rule | 10 Del. C. §9301 |
Delaware has no separate small claims tier. Everyday small claims are filed as civil actions in the Justice of the Peace Court, which under 10 Del. C. §9301 hears contract, debt, and personal property claims up to $25,000. The court may not award more than $25,000. That single cap is the highest in the country, which is why small dollar disputes and larger ones share the same court and rules.
Where to file in Delaware
A reference page, not a filing walkthrough — here's the official resource for procedure.
This page is a reference for the dollar limit, fee, and whether a lawyer is allowed — not a step-by-step filing guide. For the forms, where to file, and how service works, use Delaware's official court self-help resource.
→ Delaware Justice of the Peace Court (civil)What Delaware filers get wrong
Delaware handles small claims differently from most states. There is no separate small claims division. Everyday disputes are filed as civil actions in the Justice of the Peace Court, which under 10 Del. C. §9301 hears contract, debt, and personal property claims up to $25,000. We confirmed the $25,000 ceiling on the official Delaware Courts Justice of the Peace Court civil page, which states the court may not award any amount exceeding $25,000. That cap is the highest small claims style limit in the United States, so a claim that would need a general civil court elsewhere can stay in the JP Court here. Filing fees for a debt action are low, roughly $35 to $45 by claim size, plus a small per-document technology fee. People may represent themselves, though the court notes that legal advice is wise for anyone unsure of the rules.
Common questions
What is the small claims limit in Delaware?
Delaware has no separate small claims court. Civil claims are filed in the Justice of the Peace Court, which hears contract, debt, and personal property cases up to $25,000 under 10 Del. C. §9301. That is the highest such limit in the country.
Does Delaware have a separate small claims court?
No. Small claims are filed as regular civil actions in the Justice of the Peace Court, which handles claims up to $25,000. There is no lower dedicated small claims tier below that cap.
How much does it cost to file a civil claim in the Delaware Justice of the Peace Court?
For a debt action the fee is about $35 for claims under $1,000, $40 for $1,000 to $5,000, and $45 for claims over $5,000, plus a small per-document technology fee. If you win, court costs may be added to the judgment.
Can I bring a lawyer to the Delaware Justice of the Peace Court?
Yes. You may represent yourself, and the court is set up for that, but lawyers are permitted on either side. The court itself notes that legal advice can help if you are unfamiliar with the procedures.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.