Updated May 2026 Delaware
Delaware Small Claims Court Filing Fees (2026)
Exact filing fees for the Justice of the Peace Court — enter your claim amount for a personalized estimate.
LegalCostCalculator Editorial Team
Data sourced from official government websites · Last reviewed:
$35–$100
Filing Fee Range
$25,000
Court Limit
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E-Filing Available
Small Claims Filing Fee Calculator
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How to File → Delaware Small Claims Filing Fees Explained
To file a small claims case in the Justice of the Peace Court, you must pay a filing fee at the time you submit your paperwork. In Delaware, filing fees are $35–$100 depending on the amount of your claim.
Delaware offers electronic filing for small claims cases. An e-filing convenience fee of $5 applies.
Delaware Justice of the Peace Courts have one of the highest small claims limits nationally at $25,000.
Tip
Delaware has one of the highest limits — tied with Tennessee for the highest in the US.You can recover the filing fee
If you win your case, ask the judge to add the filing fee to your judgment. The defendant would then owe you the original claim plus court costs.Fee waiver available
Can't afford the fee? Ask the court clerk for an In Forma Pauperis (IFP) application. Delaware courts generally waive fees for low-income filers — bring proof of income.Frequently Asked Questions — Delaware
How much does it cost to file a small claims case in Delaware?
The small claims filing fee in Delaware is $35–$100. The fee is tiered by claim amount — smaller claims cost less to file. Additional costs may include service of process and any applicable courthouse surcharges.
What is the small claims filing fee in Delaware?
The fee to start a small claims case in Delaware is $35–$100. This covers the court's cost for opening your case and docketing the claim. It does not include service of process, certified copies, or attorney fees.
Can I file small claims online in Delaware?
Yes — Delaware offers e-filing for small claims. An e-filing fee of $5 typically applies in addition to the standard filing fee.
How do I waive the filing fee in Delaware small claims?
If you cannot afford the $35–$100 filing fee, apply for an In Forma Pauperis (IFP) fee waiver from the court clerk when you file. Eligibility is income-based — most Delaware courts use 125–200% of the federal poverty level as the threshold. See our Delaware small claims fee waiver guide for the exact form and process.
What court handles small claims in Delaware?
Small claims cases in Delaware are handled by the Justice of the Peace Court. Contact the clerk's office to confirm the filing location, current hours, and accepted payment methods before you go.
Also See for Delaware
Delaware Small Claims Limit
Maximum you can sue for: $25,000
How to File in Delaware
Step-by-step Delaware filing guide
Delaware Fee Waiver
Waive filing fees if you can't afford them
Being Sued in Delaware?
Defendant rights and response guide
Collect a Judgment in Delaware
Enforce your judgment after winning
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