The small claims limit in Wilmington is $25,000. Filing fees are $45 to $100. Enter your claim amount below to check eligibility and see how to file.
Last updated: May 2026 · Data: MIT Living Wage Calculator, C2ER, U.S. Census, BLS, IRS, state and city sources
Enter your claim amount to see if it qualifies for small claims court in Wilmington.
Small claims court in Wilmington handles disputes up to $25,000. Attorneys ARE permitted in Delaware Justice of the Peace Court (small claims), and businesses are often represented by one. The Justice of the Peace Court civil limit is $25,000, and the same limit applies to individuals and businesses. Cases are filed at the New Castle County Justice of the Peace Court (Small Claims).
| Detail | Wilmington Small Claims |
|---|---|
| Maximum Claim | $25,000 |
| Filing Fee Range | $45 to $100 |
| Attorneys Allowed? | Yes - permitted but optional |
| Where to File | New Castle County Justice of the Peace Court (Small Claims) |
| Typical Hearing Time | 30 to 90 days after filing |
| Business Claim Limit | $25,000 |
Wilmington is the largest city in Delaware and a major corporate and banking center, home to credit-card and financial-services operations drawn by Delaware's business-friendly laws, along with the chemical industry's historic roots and the Court of Chancery.
| Local Metric | Wilmington (2026 estimate) |
|---|---|
| Metro population | 70,000 |
| County / jurisdiction | New Castle County |
| Cost of living index (US avg = 100) | 106 |
| MIT living wage, single adult | $21.00/hour |
| MIT living wage, one earner supporting a family of four | $42.50/hour |
| Applicable minimum wage | $15.00/hour |
| Average rent, 1-bedroom | $1,350/month |
| Average rent, 2-bedroom | $1,650/month |
| Median home price | $280,000 |
| Median household income | $50,000/year |
| Combined sales tax rate | 0% |
| Effective property tax rate | 0.7% of value/year |
Local figures are 2026 estimates compiled from the MIT Living Wage Calculator, the C2ER Cost of Living Index, U.S. Census and Zillow housing data, and city and county sources. Verify current figures before relying on them.
The maximum claim in Wilmington is $25,000, set by Delaware law. The Justice of the Peace Court civil limit is $25,000, and the same limit applies to individuals and businesses. Larger disputes must be filed in a higher court.
Attorneys ARE permitted in Delaware Justice of the Peace Court (small claims), and businesses are often represented by one.
File at the New Castle County Justice of the Peace Court (Small Claims), generally in the county where the defendant lives or does business or where the dispute happened. Filing fees are typically $45 to $100 depending on the claim amount.
Filing fees in Wilmington run about $45 to $100, and fee waivers are available for low-income filers. You may also have small costs to serve the defendant by certified mail or through the constable or sheriff.
Most small claims hearings in Wilmington are scheduled within roughly 30 to 90 days of filing. Bring all contracts, receipts, photos, and any witnesses to the hearing.