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Court filing fees by state · Delaware

Delaware · before you file

Court filing fees in Delaware

$35 to $45small claims filing fee
Statewide

In Delaware: Justice of the Peace Court debt claims under $1,000: $35; $1,000–$5,000: $40; over $5,000: $45, for claims up to $25,000. Service of the defendant is extra.

Fees at each court level

Small claims (up to $25,000)
Justice of the Peace Court debt claims under $1,000: $35; $1,000–$5,000: $40; over $5,000: $45
Limited or county civil (up to $75,000)
Court of Common Pleas civil complaint $85
General civil
Superior Court complaint $200 plus a $10 court security assessment
Claim up toSmall claims fee
$999.99$35
$5,000$40
$25,000$45

Who sets the fee

Fees are set by court rule under 10 Del. C. §9801 (Justice of the Peace Court) and Superior Court Civil Rule 77(h), approved by the Supreme Court. They are uniform statewide.

Sources and verification

Schedule
Delaware Justice of the Peace Court, Fees (Updated 11/05/2021)
Authority
10 Del. C. §9801 and court rules, via courts.delaware.gov
Last confirmed
2026-10-23, by re-reading the schedule
Usually changes
Court rule amendment, irregular

What this page does not include

Last reviewed: October 2026

  • Service of process: a sheriff or constable fee per defendant, or certified mail through the clerk. See the service of process cost tool.
  • Jury demands, motions, subpoenas, appeals and post-judgment filings, each with its own fee.
  • Fee waivers. Every court has one for filers who cannot pay; the fee waiver checker covers the usual tests.

Informational only, not legal advice. Every figure is cited to the judiciary's schedule or the statute; confirm with the clerk before filing.

Also for Delaware: post-judgment interest rate

Frequently asked questions

How much does it cost to file a small claims case in Delaware?

Justice of the Peace Court debt claims under $1,000: $35; $1,000–$5,000: $40; over $5,000: $45, for claims up to $25,000. Fees are set by court rule under 10 Del. C. §9801 (Justice of the Peace Court) and Superior Court Civil Rule 77(h), approved by the Supreme Court. They are uniform statewide.

What does it cost to file a regular civil case in Delaware?

Court of Common Pleas civil complaint $85. Superior Court complaint $200 plus a $10 court security assessment.

Does the filing fee include serving the defendant?

Almost never. Service of process is a separate charge, a sheriff or constable fee per defendant or certified mail through the clerk, and it is not in the figures on this page. A jury demand, a motion or an appeal also carries its own fee.

Can the fee be waived?

Every state court system has a fee waiver for people who cannot afford the fee, usually by filing an affidavit of indigency or an application to proceed without payment with the clerk. The Delaware schedule linked above is where the court publishes its form, and this site's fee-waiver eligibility checker explains the usual tests.

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