📊 Delaware Small Claims Quick Facts
How to File a Small Claims Case in Delaware
Send a Demand Letter
Before filing, send a written demand letter to the person or business you're suing. Give them at least 10-30 days to respond. Keep a copy and send via certified mail.
Complete the Complaint Form
Visit your Delaware small claims court and obtain the complaint/claim form. You'll need the full legal name and address of the defendant. Filing fee: $45.
Pay the Filing Fee
Pay the Delaware small claims filing fee of $45. Fee waivers are available for those who qualify based on income.
Serve the Defendant
The defendant must be officially notified of the lawsuit. Delaware courts typically serve via certified mail. You may also hire a process server.
Prepare Your Evidence
Gather all contracts, receipts, photos, texts, and emails. Organize everything chronologically. Bring multiple copies to the hearing.
Attend Your Hearing
Present your case to the judge. Be concise, factual, and professional. Judges typically rule the same day. Hearing time: 30-60 days after filing.
Generate a Demand Letter
A professional demand letter increases your chances of getting paid without going to court. Our tool is coming soon.
Free tool · Launching soon
⚠️ Before You File in Delaware
- ✓ Make sure your claim is within the $15,000 limit. You cannot sue for more in Delaware small claims court.
- ✓ Send a demand letter first and give the other party 10-30 days to respond.
- ✓ Check the statute of limitations for your type of claim (typically 2-6 years depending on dispute type).
- ✓ Have the defendant's full legal name and address — required to file and serve papers.
Find Your Delaware Small Claims Court
Small claims courts in Delaware are located at county courthouses. Find your local court by city:
Common Cases in Delaware Small Claims Court
👨⚖️ Need Legal Help?
Talk to a small claims attorney for free. Quick consultations, no obligation.
Free Attorney Match →✉️ Demand Letter
Send a professional demand letter before you file. Often gets you paid faster.