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Sussex County, Delaware · Small claims court · Updated Oct 2026

Small claims court in Sussex County, Delaware

In Sussex County, small claims cases up to $25,000 are heard by the Justice of the Peace Court 17. Here is where it is, how to reach it and how to file.

$25,000Most you can sue for
$35–$45Filing fee (state figure; confirm with the clerk)
OptionalBusinesses need a lawyer or Form 50
VariesTypical wait to the hearing

Where to file in Sussex County

Justice of the Peace Court 17

Address: 23730 Shortly Road, Georgetown, DE 19947 · Map

Phone: 302-856-1447

Online filing: available, per the court

Court addresses, phones and hours change. Call the clerk before you go, and ask whether small claims are filed at this location.

Is this the right county?

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.

How to file in Sussex County

  1. Ask for payment in writing

    Delaware doesn't require a demand letter for debt or damage claims. Make a free demand letter.

  2. Fill in the claim (Civil Form No. 1)

    Complaint Get the form.

  3. File it with the Justice of the Peace Court 17 and pay the fee

    $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.

  4. Have the papers served

    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.

  5. Go to the hearing

    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 guide

Common questions

Where is small claims court in Sussex County?

Small claims in Sussex County are filed with the Justice of the Peace Court 17, 23730 Shortly Road, Georgetown, DE 19947. Phone: 302-856-1447.

How much can I sue for in Sussex County small claims court?

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.

How much does it cost to file in Sussex County?

$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.

Can I file a small claim online in Sussex County?

Yes. The court says online filing is available for small claims. Check the court website for the e-filing system and any fees.

Other Delaware counties