How to File Small Claims Court in Delaware: Step-by-Step Process

You're owed money, the other side won't pay, and you want to handle it yourself. In Delaware, that means filing in the Justice of the Peace Court — the state's court for civil claims up to $25,000. There's no separate "small claims court." Here's how the process works from beginning to end.

Step 1: Confirm Your Claim Fits

Your claim must be one of three types: debt (someone owes you money), trespass (someone damaged your property), or replevin (someone is holding your property and won't return it). The maximum is $25,000 excluding interest and court costs.

Personal injury, pain and suffering, and defamation claims don't belong here. Claims outside JP Court's jurisdiction must be filed in a higher court, such as the Court of Common Pleas or Superior Court, depending on the claim.

Check the statute of limitations before anything else. Breach of contract and property damage claims have a 3-year window under 10 Del. C. § 8106. UCC sale-of-goods disputes get 4 years. Once the clock runs out, the claim is dead regardless of how strong it is.

Step 2: Send a Demand Letter

Not legally required for most claims, but strongly recommended. A clear demand letter shows the court you tried to resolve things first, and sometimes it works — the other side pays and you avoid filing altogether.

Your letter should state who you are, what happened, the exact amount owed, supporting evidence, and a response deadline (typically 10–14 days). Keep the tone professional. Skip the threats.

For security deposit claims, note that the landlord has a separate obligation: 25 Del. C. § 5514 requires them to send an itemized deduction list within 20 days after lease termination and delivery of possession. Failure to do that triggers potential double damages — your demand letter should cite the statute.

Step 3: Identify the Correct Defendant

Getting the defendant's legal name wrong leads to failed service, dismissal, or an unenforceable judgment. Individuals get sued under their full legal name. If someone runs an unregistered business, name them as "Jane Doe, individually & dba Business Name." For LLCs and corporations, look up the exact registered name and registered agent through the Delaware Division of Corporations database.

If your business is an LLC or corporation, you'll need to file Form CF50 (Certificate of Representation) with the Chief Magistrate before your complaint. That's $20 per year and must be approved before you file. Without it, the clerk rejects your paperwork.

Step 4: File the Complaint

Fill out Civil Complaint Form CF01. You may file an ordinary debt, trespass, or replevin action in any county, but a prevailing plaintiff can recover court costs from a Delaware-resident defendant only if the case was filed in the defendant's county. Attach copies of contracts, invoices, photos, estimates — anything supporting your claim.

Filing fees: $35 for claims under $1,000, $40 for $1,000–$5,000, $45 for $5,001–$25,000. Pay by cash, check, or money order payable to "State of Delaware." Credit cards aren't accepted at the counter.

You can also e-file through the eFlex system, though it's optional for self-represented litigants.

Step 5: Serve the Defendant

The court handles service through a constable or certified mail — you don't serve the defendant yourself. If service fails (wrong address, defendant moved), the court issues a Non-Est Return and you file an Alias Request with a corrected address and another $20 fee.

For out-of-state defendants, you handle service yourself: send the documents via certified mail within 7 days of getting them back from the clerk, then file the signed return receipt with a notarized Affidavit of Service (Form 31A).

Step 6: Wait for the Response

The defendant has 20 calendar days from the date of service to file a written answer. If they don't respond, you can request a default judgment — but you'll need to file Form 405 (Non-Military Affidavit) certifying the defendant isn't on active military duty.

Step 7: Prepare for the Hearing

JP Court hearings run on Zoom by default. You'll receive connection instructions. Prepare your exhibits in advance — label them (Plaintiff Exhibit 1, 2, 3…), submit copies to the court and opposing party at least 5 business days before trial. Evidence not submitted in advance may be excluded.

Step 8: Attend the Hearing and Collect

Present your case, starting with the facts and walking through your exhibits. If you win, the judgment is enforceable for 5 years. If the other side doesn't pay voluntarily, you can file for wage garnishment or a constable levy ($30 execution fee).

The complete Delaware filing guide covers every one of these steps in detail, with form-by-form instructions, a deadline calendar, and printable worksheets for tracking service, organizing evidence, and preparing for the hearing.

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