Delaware Small Claims Court Venue: Which JP Court to File In

For ordinary debt, trespass, and replevin claims, you may file in any Delaware county, but filing outside a Delaware-resident defendant's county can cost you money you'll never recover. Summary possession cases have a stricter venue rule. A prevailing plaintiff can recover court costs from a Delaware-resident defendant only if the suit was filed in a court location within the defendant's county of residence.

Delaware JP Court Civil Filing Locations

Delaware has three counties, and each one has a dedicated JP Court that handles civil small claims filings:

New Castle County — JP Court 13 2 Penns Way, Suite 100B, New Castle, DE 19720. This is the state's highest-volume civil filing center, handling the bulk of debt, trespass, and landlord-tenant cases. If your defendant resides in New Castle County, this is the location to choose if you want to recover court costs.

Kent County — JP Court 16 Dover, DE. Processes all civil filings for Kent County residents. Lower volume than New Castle, so expect shorter wait times at the clerk counter.

Sussex County — JP Court 17 Georgetown, DE. Serves Sussex County litigants. The Office of the Chief Magistrate is also located in Georgetown at 5 East Pine Street — relevant if you need to file a Form CF50 for a business entity.

The Cost-Recovery Venue Rule

Here's the rule that actually matters for strategy: under 10 Del. C. § 9301, you can file a debt, trespass, or replevin action in any JP Court statewide. But you're legally barred from recovering court costs from a Delaware-resident defendant unless you filed at a court location within the defendant's county of residence.

If you're suing for $800 and pay a $35 filing fee, that $35 stays on your tab if you filed in the wrong county — even if you win the case. For larger claims with constable service fees and subpoena costs stacked on top, the difference becomes real.

The practical rule: file where the defendant lives, not where you live.

Special Venue Rules for Landlord-Tenant Cases

Summary possession (eviction) cases follow a stricter rule. You must file in the JP Court location nearest to the rental property and within the same county. You don't get the statewide filing flexibility that standard debt and trespass claims allow.

If you're a landlord suing only for back rent or a security deposit without seeking eviction, that's a standard debt action and the regular venue rules apply.

Check Venue Before Filing

For ordinary debt, trespass, and replevin actions, you may file in any county. Summary possession cases must be filed at the JP Court location nearest the rental property and within the same county. Use the rule for your case type before filing.

Choosing the Right Court When the Defendant Is Out of State

The JP Court doesn't serve out-of-state defendants directly. For an ordinary debt, trespass, or replevin action against a nonresident, you may file in any Delaware county, then handle service yourself using Form CF31 and the certified mail procedure.

The cost-recovery rule described above applies to Delaware-resident defendants.

What You Need at the Clerk Counter

Whichever court you file in, bring the same package: a completed Form CF01 civil complaint, supporting documents (contracts, invoices, photos), and the applicable filing fee. Confirm accepted payment methods with the court before filing.

For the complete filing sequence from demand letter through hearing — including exactly which forms to bring and when to file them — the Filing a Small Claims Case in Delaware guide walks through every step with a deadline calendar and printable checklists.

See more Delaware guides →