How to Sue a Contractor in Delaware Small Claims Court

Your contractor cashed your deposit and disappeared. Or they started the job, botched it, and now they won't return your calls. You're out thousands of dollars and wondering whether small claims court is worth the effort. In Delaware, it usually is — the Justice of the Peace Court handles claims up to $25,000, filing fees top out at $45, and you don't need a lawyer.

Check Whether Your Claim Fits

Delaware's JP Court hears debt, trespass, and replevin actions up to $25,000 (raised from $15,000 by House Bill 232). A contractor who took your money and didn't finish the work is a debt claim. A contractor who damaged your property during the job is a trespass claim. Either way, the JP Court has jurisdiction as long as your total demand stays under the ceiling.

If your actual damages exceed $25,000, you can still file in JP Court by waiving the excess on the complaint form. You permanently give up any amount above $25,000, but you keep the speed and simplicity of the small claims process.

Watch the clock: Delaware's statute of limitations for breach of contract and negligence property damage is 3 years under 10 Del. C. § 8106. The timer starts on the date the contractor breached — not the date you realized the work was bad.

Send a Demand Letter First

A formal demand letter isn't legally required in Delaware for standard debt and trespass claims, but it's standard practice and accomplishes two things: it sometimes gets you paid without court, and it documents your reasonable efforts if the case goes to trial.

Your demand letter needs:

• Full legal names and addresses of both parties
• A factual timeline of the job, payments, and breach
• The exact dollar amount you're claiming (include deposit, out-of-pocket costs for repairs, any direct losses)
• Supporting evidence references (contract, invoices, photos)
• A response deadline (10–14 calendar days)

Send it by certified mail, return receipt requested. Keep the green card — you'll want it for the hearing. For a detailed breakdown, see how to write a Delaware small claims demand letter.

Name the Right Defendant

This is where most contractor lawsuits go wrong. If you sue "Dave's Renovations" and Dave actually operates as an LLC, your judgment may be unenforceable.

Sole proprietor or individual: Sue them as "[Full Legal Name], individually & dba [Business Trade Name]." Check trade name registrations through the Prothonotary's Office in the Superior Court Courthouse of the county where the business operates.

LLC or corporation: Search the Delaware Division of Corporations database for the exact registered name and the designated Registered Agent. Name the entity precisely — "Acme Renovations, LLC" — and direct service to the registered agent.

Business entity filing Rule 57: If the contractor's company is an LLC, corporation, or partnership and wants to appear without an attorney, it must submit a Certificate of Representation (Form CF50) to the Chief Magistrate, obtain approval before filing a complaint or answer, and pay the $20 annual fee. Without approval, the court can dismiss the case or enter default judgment.

File the Complaint

Fill out Form CF01 (Civil Complaint) and file it at a JP Court location within the contractor's county of residence if you want to recover court costs. Attach copies of the contract, cancelled checks, bank records showing the deposit, photos of unfinished or damaged work, and any written communications.

Filing fees are tiered:

• Under $1,000: $35
• $1,000–$5,000: $40
• $5,001–$25,000: $45

Pay the applicable fee and confirm accepted payment methods with the court before filing.

Prepare for the Hearing

Delaware JP Court hearings default to Zoom. You'll need to pre-label and submit your exhibits to the court and opposing party at least 5 business days before trial. Organize your evidence clearly: the contract, proof of payment, photos showing the incomplete or defective work, repair estimates from other contractors, and any text messages or emails showing the contractor's failure to respond.

If you need a witness — say, the second contractor who assessed the damage — and they won't appear voluntarily, request a subpoena using Form CF58 ($10 fee, served at least 7–10 days before trial).

The Filing a Small Claims Case in Delaware guide includes a printable evidence organizer, a service tracking log, and a deadline calendar that keeps every step on schedule from demand letter through judgment.

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