In New Castle County, small claims cases up to $25,000 are heard by the Justice of the Peace Court 13. Here is where it is, how to reach it and how to file.
Address: 2 Penns Way, Suite 203, New Castle, DE 19720 · Map
Phone: 302-323-6070
Online filing: available, per the court
New Castle County has two JP Court locations that take civil cases: Court 13 in New Castle and Court 9 in Middletown (757 North Broad Street, Middletown Square Shopping Center, Middletown, DE 19709; 302-378-5221). File in the county where the defendant lives.
Court addresses, phones and hours change. Call the clerk before you go, and ask whether small claims are filed at this location.
File at a Justice of the Peace civil court in the county where the defendant lives. Out-of-state defendants need special service.
If the person or business you are suing is in another county, use that county's court instead. See all Delaware counties.
Delaware doesn't require a demand letter for debt or damage claims. Make a free demand letter.
Complaint Get the form.
$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. 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.
The court mails a trial notice once the defendant is served and asks for a trial. Timing varies by court. Bring receipts, photos, messages, the contract and your demand letter, with copies.
Want every detail? The full Delaware filing guide covers each stage with a checklist.
Open the filing guideSmall claims in New Castle County are filed with the Justice of the Peace Court 13, 2 Penns Way, Suite 203, New Castle, DE 19720. Phone: 302-323-6070.
Up to $25,000. 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.
$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.
Yes. The court says online filing is available for small claims. Check the court website for the e-filing system and any fees.