Delaware State Courts Legal Assistance

Delaware State Courts

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 $15,000	Justice of the Peace Court Superior Court
	any amount	Superior Court
Personal Injury	up to $50,000	Court of Common Pleas Superior Court
Personal Injury	any amount	Superior Court
Damage to Property	less than $15,000	Justice of the Peace Court Court of Common Pleas Superior Court
	up to $50,000	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 $15,000	Justice of the Peace Court Court of Common Pleas Superior Court
	up to $50,000	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: $30 if claim is $1,000 or below $35 if claim is from $1,000 to $5,000 $40 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