DELAWARE SMALL CLAIMS INFORMATION

Relevant Statutes:

Maximum Dollar Limit:

Locating Agent For Service:

Online Court Forms:

Service Of Process:

Hearing Date:

Attorneys:

Transfer:

Appeals:

Additional Information:

Small claims actions are heard in Justice of the Peace Court.

Delaware Code Annotated, Title 10, Sections 9301-9590

$15,000.

Certified mail, sheriff, deputy, coroner, constable, or court-designated individual.

Department of State Division of Corporations, John G. Townsend Building,
401 Federal St., Suite 3, Dover, DE 19901; Phone: (302) 739-4111;
Fax: (302) 739-3811.  Additional Offices:

Delaware Court Forms Link.

Set by the court.

Allowed.

Inapplicable

Either party may appeal for a new trial to Superior Court within 15 days of judgment.

Jury trial generally not allowed. Defendant must file written answer within 15 days after service or lose by default. Interest due on any cause of action may be added to the claim, even if adding it will make the amount exceed $15,000. Counterclaims: If defendant's counterclaim against plaintiff exceeds $15,000, plaintiff can still pursue the counterclaim in Justice of the Peace Court since there is no provision for transfer to another court. If defendant wins the counterclaim, the court will note the outcome on the record and defendant can prosecute the cause of action in higher court, or defendant may waive the excess over $15,000 and accept $15,000 as the judgment.