Small claims limit in Delaware: $25,000

The rule in Delaware

The small claims limit in Delaware is $25,000. The rule is 10 Del. C. § 9301; the Delaware Courts, Justice of the Peace Court jurisdiction puts it this way: “civil cases involving debt, trespass and replevin in which the amount in controversy does not exceed $25,000”. The court that hears these cases: Justice of the Peace Court (civil).

Among the 51 jurisdictions with a verified figure on this site, Delaware ranks 1st from the top. That is $15,000 above the median of $10,000. No verified state sets a higher ceiling. Tennessee uses the same $25,000 figure.

Next door, Maryland allows $5,000, New Jersey allows $5,000 and Pennsylvania allows $12,000. A claim of $25,000 that fits in Delaware would be $20,000 over the line in Maryland.

Worked check against the $25,000 figure: a $12,500 claim uses 50% of the limit and leaves $12,500 of room; a claim of exactly $25,000 still fits, because the rule caps the amount rather than excluding it; a claim of $25,001 is $1 over.

The source checked for Delaware does not publish a statewide filing fee, so this page shows none; the clerk of the court where the case is filed posts the current amount.

Deposit disputes are a common small claims case. Delaware caps deposits at 1 month's rent on leases of 1 year or more (deposit rules), so a claim for a full deposit stays under the $25,000 limit whenever the monthly rent is $25,000 or less.

Source: Delaware Courts, Justice of the Peace Court jurisdiction · 10 Del. C. § 9301 · last checked October 20, 2026.

Where the case goes

A claim within the limit is filed with the Justice of the Peace Court (civil). The linked source is the place to confirm forms, the filing fee and where to file before starting; the guides on filing a small claims case and serving the papers explain the usual steps in general terms.