DELAWARE SMALL CLAIMS COURTS

Addresses and information on Delaware small claims courts and filings.

A person can file a claim in small claims court if he/she has a dispute involving a certain amount of money with another person, company or government agency.

The amount that could be recovered is limited, and it varies from state to state (usually from $1,500 to 10,000 Dollars.)

Most common claims in small claims courts involve:

  • Auto Accidents - Someone dents your vehicle and refuses to pay for the repairs.
  • Small Loans - Someone refuses to pay you back the money he/she borrowed.
  • Poor Services Rendered - A dry cleaning company ruins your favorite dress and will not pay for or replace it.
  • Defected New Products - Your new chair breaks but the store will not fix it or return your money.
  • Landlord/Tenant Issues - The property owner or landlord refuses to return your security deposit, even after certifying the place was left in in good condition.

Things to bring to court:

Original copies of all papers you need to help prove the case (contracts, letters, rental agreements, canceled checks, deeds, repair bills, IOUs, diagrams, written damage estimates, photographs or even drawings.)

2 photocopies of every original document. (one for the defendant, one for the court)

The piece of clothing or the appliance damaged by the defendant, if that's the case.

Any witness that could help the case. Some judges allow notarized statements by witness that cannot appear in court.

Small Claims Courts Requirements:

  • You must be at least 18 years of age. (If not, a guardian appointed by the court will sue for the minor.)
  • Be of sound mind or mentally competent. (If not, a guardian appointed by the court will sue for the incapacitated.)
  • United States citizen and non-citizens can use the small claims court.
  • No objections are allowed.
  • There are no juries in small claims courts.
  • Either the plaintiff (the person who is suing) or the defendant (the person being sued) are allowed to speak with an attorney before coming to court, but lawyers are not allowed in the court with you. You must be a Pro Se litigant (represent yourself.)

Hearing dates are usually set on some evenings or on Saturday (once a month.)

Hearing is scheduled within 40 days in most cases (up to 70 days if one litigant does not live in the same county).

DELAWARE SMALL CLAIMS COURTS

Delaware State Courts Sussex County Superior Court Jury Services The Cir Georgetown, DE 19947 Phone:(302) 856`5740 Phone:(302) 855`7422

Government Offices State Prothonotary Clerk of The Court Joyce Court House Georgetown, DE 19947 Phone;(302) 854`6959

Government Offices State Arms of The Court Dover, DE 19901 Phone:(302) 739`4155

Government Offices State Court No 1 Mon-Fri 8 AM 4 PM Millsboro, DE 19966 Phone:(302) 934`5093

Government Offices State Court No 15 Mon-Fri 8 AM 4 PM Claymont, DE 19703 Phone:(302) 798`5351

Delaware J P Courts Beech St Lowr Wilmington, DE 19801 Phone:(302) 577`3824

U S Government District Court 9 & King St Wilmington, DE 19801 Phone:(302) 573`6170 Phone:(302) 573-6310


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