How to Collect a Small Claims Judgment in Delaware

You won your case in Delaware's Justice of the Peace Court. The magistrate entered a judgment in your favor. And then nothing happened — because the court doesn't collect the money for you. That responsibility falls entirely on your shoulders as the judgment creditor.

Delaware's JP Court is an adjudicative body, not a collection agency. The judgment establishes a legal obligation, but turning that piece of paper into actual dollars requires you to take specific enforcement steps, file the right forms, and pay additional fees along the way.

Wait Out the Appeal Window First

Before you can enforce anything, the judgment must be final. For civil debt, trespass, and replevin cases, the losing party has 15 calendar days under 10 Del. C. § 9571 to file an appeal with the Court of Common Pleas. An appeal alone does not automatically stay execution; check whether a supersedeas bond or court-ordered stay is in place before proceeding.

For landlord/tenant summary possession orders, the appeal window is shorter — just 5 business days under 25 Del. C. § 5716A.

Check CourtConnect to confirm no post-trial motion was filed. A timely Rule 59 Motion for New Trial tolls the appeal clock until the court rules on it.

Your Three Main Enforcement Tools

Delaware gives you three primary collection methods. Wage garnishment and personal-property levy each cost $30; a Superior Court real estate lien transfer requires a $10 abstract fee plus a $50 transfer fee.

Wage garnishment uses JP Civil Form No. 17. You identify the debtor's employer, and the court orders the employer to withhold up to 15% of disposable earnings each pay period. Delaware's 85% wage exemption under 10 Del. C. § 4913(a) is stricter than the federal 75% floor — the state limit controls.

Personal property levy uses JP Civil Form No. 16. A court constable goes to the debtor's address to locate, inventory, and appraise tangible property. If the debtor has seizable assets that aren't exempt, the constable can arrange a public sale.

Real estate lien requires transferring a certified judgment transcript to the Superior Court Prothonotary in the county where the debtor owns property. The $10 abstract fee plus $50 transfer fee creates a lien lasting 10 years under 10 Del. C. § 4711 — the debtor can't sell or refinance without paying you first.

Find Out What the Debtor Owns

If you don't know the debtor's employer or assets, you can apply for a post-judgment debtor examination under JP Civil Rule 69. The court orders the debtor to appear and disclose financial information — bank accounts, employment details, vehicle titles, and real property ownership.

Public records help too: the Delaware Division of Corporations shows entity status and officers, county Recorder of Deeds offices reveal real property ownership, and CourtConnect shows existing liens and judgments.

When Collection Isn't Straightforward

Some situations complicate enforcement. If another creditor already has an active wage garnishment, Delaware's single-garnishment rule under 10 Del. C. § 4913(b) puts your writ in line behind theirs. If the debtor has no job and no seizable property, you may be dealing with a judgment-proof debtor — but the judgment lasts 5 years and can be revived via scire facias under Form 15A, so you can wait and try again when circumstances change.

Banking institutions in Delaware are exempt from attachment under 10 Del. C. § 3502(b), which means you generally cannot garnish bank accounts directly through the JP Court. Non-bank third parties who owe money to the debtor can still be garnished using Form 17's property garnishment process.

Close the Loop When You're Paid

Once you collect the full amount, Delaware law under 10 Del. C. § 9567 requires you to file a satisfaction of judgment within 90 days. Skip this step and the debtor can sue you for up to 50% of the original judgment amount. If you transferred the judgment to Superior Court for a real estate lien, you'll need to file satisfaction there too.

The Delaware Judgment Collection Guide walks through each enforcement tool with the exact forms, fees, filing instructions, and a tracking ledger to manage partial payments and post-judgment interest calculations.

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