Small claims fees and limits in Delaware

US-DE small claims fee and limit rules

This source-backed guide covers Delaware small claims jurisdictional limit — Del. Code tit. 10, § 9301 (Justice of the Peace Court civil jurisdiction). It certifies only the quoted small-claims cap and filing-fee rules below; local service fees and other county-specific court costs remain outside certification unless a quoted source below says otherwise.

Maximum claim amount

The current small-claims cap in US-DE is $25,000.

Del. Code tit. 10, § 9301. § 9301. Civil jurisdiction; amount in controversy. Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000; provided, however, that the $25,000 limit does not apply to monetary claims, counter-claims, or cross-claims asserted in an action for summary possession as provided in Chapter 57 of Title 25 and arising from or relating to a commercial lease as defined in Part IV of Title 25

Filing fee schedule

Delaware JP Court costs include interest on the judgment amount. Per § 9301, interest accrued on any cause of action within jurisdiction may be added to the judgment even if the total exceeds $25,000. Filing fees are set by court schedule and not specified in § 9301.

Del. Code tit. 10, § 9301. § 9301. Civil jurisdiction; amount in controversy. Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000; provided, however, that the $25,000 limit does not apply to monetary claims, counter-claims, or cross-claims asserted in an action for summary possession as provided in Chapter 57 of Title 25 and arising from or relating to a commercial lease as defined in Part IV of Title 25

Use the calculator

DocketMath's small-claims fee/limit calculator can model the claim cap and filing-fee tiers once you identify the controlling jurisdiction, claim amount, and court schedule. Use the source panel for the verified source-backed rule.

Open the Small Claims calculator

Sources

• Del. Code tit. 10, § 9301 — Civil jurisdiction; amount in controversy — Delaware Justice of the Peace Court

All sources are official primary law published by delcode.delaware.gov.

Corroboration method: government_primary_source_direct_fetch.