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Small claims by state · checked

Court: Justice of the Peace Court (civil). Claims up to $25,000 in the main court (Justice of the Peace Court; Delaware has no separate small-claims court). Each fact below links to the official source we read. Anything we could not confirm says “Check with your court”.

Limit

Justice of the Peace Court; Delaware has no separate small-claims court

Delaware has no court named small claims; the Justice of the Peace Court hears debt and other civil claims and may not award more than $25,000. A larger claim can be filed only by giving up the excess.

Source: How To Start a Civil Action in the Justice of the Peace Court · checked 26 Oct 2026

Filing fee

$35 to $45

Debt claims: $35 (under $1,000), $40 ($1,000 to $5,000), $45 (over $5,000) (10 Del. C. § 9801). Court service is included in the filing fee; suing an out-of-state defendant or a corporation can add fees.

Sources: Justice of the Peace Court Civil Fees; How To Start a Civil Action in the Justice of the Peace Court · checked 26 Oct 2026

Lawyers

Lawyers allowed

An individual may appear without an attorney. A corporation may appear without a lawyer only after filing a Certificate of Representation (Civil Form 50) under Supreme Court Rule 57.

Source: How To Start a Civil Action in the Justice of the Peace Court · checked 26 Oct 2026

Serving a corporation

Check with your court Not verified

We could not confirm this from an official source. Ask the court clerk before you file.

Demand before suing

Check with your court Not verified

We could not confirm this from an official source. Ask the court clerk before you file.

Official self-help

Court self-help page

courts.delaware.gov/help/proceedings/jp_startcivil.aspx

Official page · checked 26 Oct 2026

Suing Meta from Delaware

Meta’s terms point disputes to California courts or arbitration and cap its liability, so a Delaware small-claims case is leverage, not a sure thing. Read the small-claims checklist before you pay a fee, then draft your demand letter in the free kit: pick Delaware and it checks your loss amount against the limit.

Fees and limits change, and local courts can add costs. Confirm with the court clerk before you file.

LockoutCase is a self-help tool, not a law firm, and not a substitute for the advice of an attorney.

Draft the demand letter

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Delaware small claims, answered

What is the small-claims limit in Delaware?
Delaware has no court named small claims; the Justice of the Peace Court hears debt and other civil claims and may not award more than $25,000. A larger claim can be filed only by giving up the excess.
How much does it cost to file a small claim in Delaware?
Debt claims: $35 (under $1,000), $40 ($1,000 to $5,000), $45 (over $5,000) (10 Del. C. § 9801). Court service is included in the filing fee; suing an out-of-state defendant or a corporation can add fees. Local courts can add costs.
Can I bring a lawyer to small claims in Delaware?
An individual may appear without an attorney. A corporation may appear without a lawyer only after filing a Certificate of Representation (Civil Form 50) under Supreme Court Rule 57.
Where do these facts come from?
Each fact on this page links to the official court, statute or government source we read. We last checked Delaware on 26 Oct 2026. Anything we could not confirm says “Check with your court”.
Is this legal advice?
No. LockoutCase is a self-help tool, not a law firm, and not a substitute for the advice of an attorney. It shows general information from official sources; confirm with the court clerk before you file.