Delaware Small Claims Court Fees: Complete Filing Fee Schedule
Knowing exactly what you'll pay before you walk into the clerk's office — or log into eFlex — keeps the process from stalling at the counter. Delaware's Justice of the Peace Court publishes a straightforward fee schedule, but several secondary costs catch filers off guard.
Filing Fees by Claim Amount
JP Court civil filing fees are tiered under 10 Del. C. § 9801:
| Claim Type | Amount Range | Filing Fee |
|---|---|---|
| Debt or Trespass | Under $1,000 | $35 |
| Debt or Trespass | $1,000 – $5,000 | $40 |
| Debt or Trespass | $5,001 – $25,000 | $45 |
| Replevin | Any amount up to $25,000 | $55 |
| Summary Possession (Landlord/Tenant) | — | $45 |
All filing fees are non-refundable. If you settle, withdraw, or the case is dismissed before the hearing, the fee is gone.
Other Fees You May Hit
| Fee | Amount | When It Applies |
|---|---|---|
| Alias service (second attempt) | $20 | Service failed the first time and you need a new attempt at a corrected address |
| Motion to vacate default/nonsuit | $15 | The other side (or you) got a default judgment and wants it set aside |
| Subpoena issuance | $10 each | You need a witness or document custodian to appear at the hearing |
| Execution (wage attachment/levy) | $30 | Post-judgment — collecting on a judgment the other side won't pay voluntarily |
| Form 50 annual registration | $20 | Businesses (LLCs, corporations) filing or defending without an attorney under Rule 57 |
How to Pay
The court accepts cash, personal checks, and money orders. Checks and money orders should be made payable to "State of Delaware." Credit cards are not accepted at the clerk counter for civil filings — a detail that trips up first-time filers who show up without a check.
If you file electronically through the eFlex system, payment processing is handled online.
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Fee Waivers (In Forma Pauperis)
If you can't afford the filing fee, you can apply for a waiver using JP Civil Form No. 49 (CF49). The application requires disclosure of your household income, monthly expenses, liquid assets, and debts.
Approval waives the filing fee and constable service fees. It does not cover third-party out-of-state process server charges or appeal bonds. If the application is denied, the clerk sends written notice of the exact amount due before the case moves forward.
What About Appeal Fees
If you lose and want to appeal to the Court of Common Pleas, the stakes go up:
- CCP filing fee: $135 (non-refundable, includes court security assessment)
- Sheriff service: $30 for the first address, plus $5 per additional person
The appeal is a full do-over trial (de novo), not just a review of the JP Court record.
Adding Up the Real Cost
A straightforward case where service succeeds the first time and no subpoenas are needed costs $35–$45 in filing fees plus nothing else. A more involved case — failed first service, a subpoena, and post-judgment execution — can run $35–$45 + $20 + $10 + $30 = $95–$105. Still far less than hiring an attorney.
The Delaware small claims filing guide breaks down exactly when each fee comes due and how to budget for each stage of the process.
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