Small claims in Delaware

In Delaware, small claims court generally handles disputes up to $25,000. If your claim is larger, you can either waive the excess to stay in small claims or file in a higher court. Limits change periodically — confirm the current cap on your local court's page before filing.

Delaware's statute of limitations is typically 3 years for written contracts and 3 years for oral agreements. Other claim types (fraud, personal injury, unpaid wages) have their own deadlines. Send your demand letter well before the clock runs out.

Most consumer disputes in Delaware are filed in the Justice of the Peace Court. You'll typically file in the county where the defendant lives, does business, or where the incident happened. Use the official court locator to find the right courthouse and current filing fees.

No. Small claims court in Delaware is designed for people to represent themselves. In some states attorneys are limited or discouraged in the small claims division. If your matter is above the small claims cap, or involves a business defendant with counsel, consulting a lawyer is a good idea.

Filing fees in Delaware usually run between roughly $30 and $150, depending on your county and the amount you're suing for. You'll also pay a small service-of-process fee. If you can't afford the fees, most courts allow a fee waiver based on income.

A demand letter should state the facts, the amount owed, a firm deadline (typically 10–30 days), and what you'll do if it isn't paid. Send it by USPS Certified Mail with Return Receipt to prove delivery. In Delaware, courts and judges appreciate seeing that you tried to resolve the dispute in writing before filing.

Consumer complaints in Delaware are handled by the Delaware Attorney General. You can file a complaint online through their consumer protection office. For federal issues, you can also report to the FTC at ReportFraud.ftc.gov.

Usually yes. If you prevail, Delaware courts typically add your filing fee and service costs to the judgment. Attorney's fees are only recoverable if a contract or specific statute allows them.

A judgment doesn't automatically pay you — you'll need to collect. In Delaware that can involve wage garnishment, bank levies, or a lien on real property, subject to state exemptions. Judgments are typically enforceable for years and can be renewed.