A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Delaware you can sue for up to $25,000 in the Justice of the Peace Court (civil), without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
Delaware doesn't require a demand letter for debt or damage claims. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
File at a Justice of the Peace civil court in the county where the defendant lives. Out-of-state defendants need special service.
Complaint. The court mails a trial notice once the defendant is served and asks for a trial. Timing varies by court.
$35 for claims under $1,000, $40 up to $5,000 and $45 above that; $55 to get property back (replevin). Service by the court's constable is included; a special process server costs extra. If you can't afford it, ask for a fee waiver: Motion to proceed in forma pauperis (JP Civil Form 49), signed before a notary or judge.
The court's constable serves Delaware defendants, and the cost is in the filing fee. You can also pay a special process server; out-of-state defendants must be served that way. In debt and property-damage cases, the defendant must return the answer form within 15 days of getting the summons.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. The court doesn't collect for you. If they don't pay, you can ask for wage attachment or a writ of execution so a constable can take property. Wage attachment is limited by Delaware law.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Personal injury claims can't be brought in the Justice of the Peace Court at all.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 3 years |
| Broken verbal agreement | 3 years |
| Damaged property | 2 years |
| Personal injury | 2 years |
| Fraud | 3 years |
| Libel or slander | 2 years |
| Claims against a government agency | Suing the State or a public body has special service rules; ask the clerk before you file. |
Optional for people. A company or other entity needs a lawyer unless it files a Certificate of Representation (Form 50) naming an employee; it must be renewed each year for $20.
The court can award up to $25,000. If you're owed more, you can sue for $25,000 and give up the rest. The court hears debt, property damage and property-return claims, but not personal injury. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
Either side can appeal within 15 days to the Court of Common Pleas in the same county. The case starts over there. The filing fee is about $135 plus sheriff's fees. You can also ask the JP Court for a new trial within 10 days.
The court has a Court Interpreter program. Ask the court early if you need one.