Want it written for you? Delaware courts issue their own version of the claim form, so we do not produce the form itself. Answer a few plain-English questions and get a Statement of Claim written so you can copy each field onto your court’s form, plus a script for the hearing and an evidence checklist. Checking is free; $19 for the completed documents.
Check if your Delaware claim qualifiesThe Delaware Small Claims Form
📄 JP Court civil complaint (Form 50)
Delaware courts issue their own version of this form, so get the one for the court you file in. Download it free from courts.delaware.gov.
Delaware Limit, Fee and Filing Rules
| Item | Detail |
|---|---|
| Court | Justice of the Peace Court (civil) |
| Claim limit | $25,000 |
| Claim form | JP Court civil complaint (Form 50) |
| Filing fee | $35 (<$1,000) / $40 ($1,000–$5,000) / $45 (>$5,000) for debt claims |
| Serving the defendant | Constable/special process server via court (confirm the current service rules with the clerk) |
| Law that sets the limit | 10 Del. C. § 9301(1) |
| Court data verified | October 6, 2026 |
Filing Deadlines in Delaware
How long the law gives you to file. When the clock starts depends on the claim, so do not leave it late: a claim filed after the deadline can be dismissed however strong it is.
| Type of claim | Time to file | Law |
|---|---|---|
| Written contract | 3 years | 10 Del. C. § 8106(a) |
| Oral / verbal agreement | 3 years | 10 Del. C. § 8106(a) |
| Damage to property | 2 years | 10 Del. C. § 8107 |
| Personal injury | 2 years | 10 Del. C. § 8119 |
| Unpaid debt or account | 3 years | 10 Del. C. § 8106(a) |
Not sure which type yours is? The statute of limitations lookup covers more claim types.
Being Sued in Delaware Instead?
Do you file an answer? You must file a written answer or other response within 15 days from the date you received the summons. (10 Del. C. § 9522)
If they owe you money: In most cases a counterclaim must be filed at least 5 days before trial, not counting weekends and holidays. (J.P. Civ. R. 13 (Delaware Courts guidance))
The been-sued deadline lookup covers what happens if you do nothing.
Where to Get the Official Delaware Forms
Court forms are free from the official sources below. Use the current version from your court.
- Official claim form — courts.delaware.gov
- Official source — courts.delaware.gov
- Official source — courts.delaware.gov
- The law itself — 10 Del. C. § 9301(1)
- The clerk of the Justice of the Peace Court (civil) — can give you the current form and tell you whether your court adds any local paperwork.
How does Delaware compare? See the small claims limits and filing fees for every state.
Delaware Small Claims Forms: FAQ
❓ What form do I file to start a small claims case in Delaware?
The claim is filed on your court’s own version of the JP Court Civil Complaint (Form 50). The official source is courts.delaware.gov. Court-issued forms are free; you pay only the filing fee.
❓ How much can you sue for in Delaware small claims court?
In Delaware you can claim up to $25,000 in the Justice of the Peace Court (civil). If your claim is larger, you can usually reduce it to the limit or file in a higher court instead.
❓ How much does it cost to file small claims in Delaware?
The filing fee is $35 (<$1,000) / $40 ($1,000–$5,000) / $45 (>$5,000) for debt claims. Serving the defendant usually costs extra.
❓ Can you fill in the Delaware small claims form for me?
Delaware courts issue their own version of the claim form, so we do not produce the form itself. We write a Statement of Claim from your answers, laid out so you can copy each field onto your court’s official form, plus a script for the hearing and an evidence checklist.
Want it written for you?
A few plain-English questions about your Delaware case, then review and file. Checking is free; $19 for the completed documents.
Check if your Delaware claim qualifiesGeneral information, not legal advice. SmallClaimsHelper prepares documents; it is not a law firm.