The Delaware State Courts will be closed Wednesday, December 25, 2024 for Christmas Day. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM – 12AM (no new cases after 11:00PM).

General Civil Lawsuits

Civil lawsuits are cases in which a corporation or individual files a lawsuit against another corporation or individual requesting the court award monetary damages. Listed below is an explanation of the type of claim and where you can file your paperwork for specific amounts.

Type of Claim Amount Where You Can File (choose one)
Recover Property (other than real estate, such as land or rental units) less than $25,000 Justice of the Peace Court
Superior Court
any amount Superior Court
Personal Injury up to $75,000 (as of October 21,2019) Court of Common Pleas
Superior Court
any amount Superior Court
Damage to Property less than $25,000

Justice of the Peace Court
Court of Common Pleas
Superior Court

up to $75,000 (as of October 21,2019) Court of Common Pleas
Superior Court
any amount Superior Court
Other Actions to Recover Money (such as contract or agreement disputes or back rent when possession is not being sought) less than $25,000 Justice of the Peace Court
Court of Common Pleas
Superior Court
up to $75,000 (as of October 21,2019) Court of Common Pleas
Superior Court
any amount Superior Court
Possession of a rental unit (may include claim for back rent) any amount Justice of the Peace Court

When you are able to file in more than one court, below is some information to help you decide in which court to file.

Court Facts About the Court
Justice of the Peace Court
  • Filing fees:
    • $35 if claim is $1,000 or below
    • $40 if claim is from $1,000 to $5,000
    • $45 for anything above $5,000
    • Landlord Tenant filings are $40.00
  • Less formal procedures
  • No jury trials (except for summary possession cases)
  • Non-lawyer judge
  • New trial on appeal
Court of Common Pleas
  • Filing fee is $125
  • More formal procedures
  • Lawyer judges
  • No civil jury trials
  • Appeal on the record
Superior Court
  • Filing fee is $175
  • Formal procedures
  • Jury trials upon request
  • Lawyer judges
  • Representation by a lawyer recommended in Superior Court