Filing a Property Damage Claim in Delaware Small Claims Court

A neighbor backs into your parked car. A tree from the property next door crashes through your fence. Someone's dog destroys your landscaping. When the person responsible won't pay, Delaware's Justice of the Peace Court gives you a straightforward path to recover up to $25,000 in property damage — no lawyer needed.

Trespass vs. Replevin: Two Types of Property Claims

Delaware JP Court handles property disputes under two categories:

Trespass actions cover damage to real or personal property — vehicle damage from an accident, destruction of landscaping, damage to a building or fence, or harm to personal belongings. These are the most common property damage claims. Filing fees run $35–$45 depending on the claim amount.

Replevin actions are for recovering specific personal property someone is wrongfully keeping from you — say, a neighbor borrowed your pressure washer and won't return it, or a former roommate is holding your furniture. The filing fee is $55. You can also claim damages for the period the property was wrongfully withheld.

What the JP Court cannot hear: Claims for personal injury, medical bills, pain and suffering, mental anguish, or defamation. If your property damage claim also involves personal injury, the injury portion must go to a higher court (Court of Common Pleas for claims up to $75,000, or Superior Court above that).

The 3-Year Statute of Limitations

Property damage claims fall under 10 Del. C. § 8106, which gives you 3 years from the date the damage occurred. Not the date you discovered it, not the date you got a repair estimate — the date it happened. If a neighbor's tree fell on your fence on March 15, 2024, your deadline to file is March 15, 2027.

Demand letters and settlement negotiations do not pause the clock. File before the deadline even if talks are ongoing.

Building Your Property Damage Case

The strength of a property damage claim comes down to documentation:

Photographs: Take photos immediately after the damage occurs. Include wide shots showing the full scope and close-ups of specific damage. Date-stamped photos from your phone are ideal.

Repair estimates: Get written repair estimates to support the amount you're claiming. Keep them itemized so the court can review the claimed repair costs.

Police reports: If the damage involved a vehicle accident, a police report establishes the basic facts and may assign fault. Request a copy from the investigating department.

Witness statements: Neighbors who saw the incident can testify at the Zoom hearing. If they won't appear voluntarily, use a subpoena (Form CF58, $10 fee, served 7–10 days before trial). Written statements from non-appearing witnesses are considered inadmissible hearsay — live testimony is required.

Destroyed items: For items that can't be repaired, keep evidence supporting the amount you're claiming, such as purchase records or comparable prices.

Filing the Complaint

File Form CF01 as a trespass action at a JP Court location within the defendant's county of residence if you want to recover court costs. Attach your photos, repair estimates, police reports, and any communications with the defendant.

Clearly state what happened, when it happened, and exactly how much you're claiming. The JP Court expects specific dollar amounts — "my fence was damaged" isn't enough; "repair estimate from ABC Fencing: $2,800 for materials and labor to replace 40 feet of privacy fencing" is what the judge needs.

Claiming Prejudgment Interest

You can add prejudgment interest from the date the damage occurred under 6 Del. C. § 2301. Without a contractual rate, the legal rate is 5% over the Federal Reserve discount rate. On a $5,000 claim that's been pending for a year, this adds meaningful compensation. See Delaware prejudgment interest explained.

The Filing a Small Claims Case in Delaware guide covers the complete filing sequence for trespass and replevin actions, including an evidence organizer template and a deadline calendar for every procedural step.

See more Delaware guides →