Small claims · DE
Delaware small claims court for diminished value claims
In Delaware, small claims cases are heard in Justice of the Peace Court, which handles claims up to $25,000. If an insurer will not pay a diminished value claim and the amount is within the limit, this is where an owner can sue the at-fault driver. You bring the evidence, and the judge decides.
Court
Justice of the Peace Court
Claim limit
$25,000
Attorneys
Allowed, not required
Deadline to sue
2 years
Delaware courts
How small claims court works in Delaware
- Claim limit
- $25,000. The Justice of the Peace Court cannot award more than $25,000. A larger claim can be filed there only by giving up the amount over $25,000. 10 Del. C. § 9301(1).
- Where to file
- The court's jurisdiction is statewide, but the court warns that you cannot recover your court costs in a suit against a Delaware resident unless you file in a Justice of the Peace Court in the county where the defendant lives.
- Attorneys
- An individual may appear without an attorney; a corporation or other entity may appear without one only if it files a Certificate of Representation (Civil Form 50).
- Filing fee
- Set by the court and often by county. Check the court’s fee schedule before you file.
- Appeals
- Either side may appeal a civil decision to the Court of Common Pleas in the same county within 15 days, and the case starts over there (a new trial).
Delaware Courts: Filing a Civil Action in the Justice of the Peace Court
Who you sue
Ask the Justice of the Peace Court clerk how to name the defendant. In most states that is the at-fault driver, not the insurance company.
Diminished value law in Delaware
A claim against the at-fault driver in Delaware: allowed by case law. The general deadline to sue for vehicle property damage is 2 years (10 Del. C. § 8107). The cases and statutes are on the Delaware diminished value page.
What to bring
See using an appraisal in small claims court for the evidence list and what to ask the Justice of the Peace Court clerk.
Sources
- 10 Del. C. § 9301(1)
- Delaware Courts: Filing a Civil Action in the Justice of the Peace Court
- 10 Del. C. § 8107
Researched October 11, 2026. General information from an appraisal perspective, not legal advice.
Evidence
An appraisal for a Delaware claim
A Delaware diminished-value appraisal is typically $250–$350 and comes with a custom demand letter. Autoloss is not a law firm and does not represent you in court.
Delaware small claims questions
What is the small claims limit in Delaware?
$25,000 in Justice of the Peace Court. The Justice of the Peace Court cannot award more than $25,000. A larger claim can be filed there only by giving up the amount over $25,000.
Do I need a lawyer for small claims court in Delaware?
An individual may appear without an attorney; a corporation or other entity may appear without one only if it files a Certificate of Representation (Civil Form 50).
How long do I have to sue in Delaware?
Delaware generally allows 2 years to sue for vehicle property damage (10 Del. C. § 8107). Talking with the insurer does not pause the deadline.
Can a Delaware small claims decision be appealed?
Either side may appeal a civil decision to the Court of Common Pleas in the same county within 15 days, and the case starts over there (a new trial).
Taking a Delaware claim to court?
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.