Delaware Small Claims Procedure (Justice of the Peace Court): An Overview

What you need to know about Delaware's small claims court (Justice of the Peace Court).

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What's the dollar limit for small claims court cases in Delaware?

The most you can ask for in a small claims case is $15,000 (not including interest).

Which court hears small claims cases in Delaware?

Small claims cases in Delaware are heard in the Justice of the Peace Court.

How long does the defendant have to answer the small claims court complaint?

In Delaware, the defendant may file a written answer within 15 days in all debt or trespass claims to avoid default.

Are attorneys allowed in small claims court in Delaware?

You are allowed to have an attorney represent you in small claims court in Delaware.

Can a landlord bring an eviction lawsuit in small claims court in Delaware?

Eviction cases are allowed in small claims court in Delaware.

Do I have a right to a jury trial in small claims court in Delaware?

In Delaware, jury trials generally are not allowed in small claims court. They are however permitted in eviction cases, if the defendant makes the request within 10 days of being served.

Where can I get more information about small claims court in Delaware?

For more information about Delaware small claims court, see http://courts.delaware.gov/JPCourt/.

Nolo's Small Claims Court area has many helpful related articles and a Small Claims Court FAQ. For more detailed help with filing a case, using the best strategy in court, and collecting your money if you win, see Everybody's Guide to Small Claims Court, by Attorney Ralph Warner (Nolo).

Last updated on 10/01/09.

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