Updated May 2026 Delaware
Delaware Small Claims Court Limit (2026)
The maximum amount you can sue for in Delaware small claims court, plus filing fees, statutes of limitation, and court-specific tips.
LegalCostCalculator Editorial Team
Data sourced from official government websites · Last reviewed:
$25,000
Court Limit
3 yrs
Written Contract SOL
Statute of limitations
3 yrs
Oral Contract SOL
Statute of limitations
Small Claims Court Limit Calculator
Select your state to see the maximum amount you can sue for and applicable statutes of limitation.
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Court Limit
Written Contract SOL
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How to File → Delaware Small Claims Court: What You Need to Know
In Delaware, small claims cases are heard in the Justice of the Peace Court. The maximum amount you can sue for is $25,000.
Tip
Delaware has one of the highest limits — tied with Tennessee for the highest in the US.Filing Fees in Delaware
Filing fees in Delaware range from $35 to $100 depending on your claim amount. Electronic filing is available.
Statutes of Limitation in Delaware
You must file your claim within the applicable statute of limitations:
- Written contracts: 3 years
- Oral contracts: 3 years
- Property damage: 2 years
Delaware Justice of the Peace Courts have one of the highest small claims limits nationally at $25,000.
Claim too high for small claims?
In most states you can voluntarily reduce (waive) the excess amount to bring your claim within the Delaware limit. It's often worth it to avoid the higher cost and complexity of regular civil court.Can't afford the filing fee?
Ask the court clerk for a fee waiver application (In Forma Pauperis). Most Delaware courts waive fees for filers whose income is below 125–200% of the federal poverty level.Frequently Asked Questions — Delaware Small Claims
What is the small claims court limit in Delaware?
The small claims court limit in Delaware is $25,000. This is the maximum dollar amount you can sue for in the Justice of the Peace Court. Claims exceeding this limit must be filed in a higher civil court.
How much can I sue for in Delaware small claims court?
You can sue for up to $25,000 in Delaware small claims court. If your actual damages are higher, you can voluntarily reduce (waive) the excess to fit within the limit — often worth doing to avoid the cost and complexity of regular civil court.
What is the statute of limitations for small claims in Delaware?
In Delaware, the statute of limitations is 3 years for written contract claims and 3 years for oral contract claims. Always file before the deadline — courts dismiss time-barred claims regardless of merit.
How do I file a small claims case in Delaware?
To file in Delaware: (1) get a Plaintiff's Claim form from the Justice of the Peace Court clerk or court website, (2) pay the filing fee ($35–$100), (3) serve the defendant, and (4) attend your hearing. See our Delaware how-to-file guide for full step-by-step instructions.
What is the Justice of the Peace Court in Delaware?
Delaware's small claims court is called the Justice of the Peace Court. It handles civil monetary disputes quickly and affordably, without the formality of regular civil court. Most parties represent themselves without an attorney.
Can I sue for more than $25,000 in Delaware small claims?
No — the $25,000 cap is absolute in Delaware. You can file in a higher civil court if your claim is larger, or voluntarily reduce your claim to fit within the limit and waive the excess. Splitting one claim into multiple small claims cases to circumvent the cap is not permitted.
Also See for Delaware
Delaware Filing Fees
Exact court fees to open your case
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
Delaware Divorce Fees
Court costs for filing divorce
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