Legal rules differ a lot from state to state. Here are the numbers that matter most for everyday problems in Delaware, with the statutes behind them.
Delaware at a glance
| Topic | Delaware | Source or note |
|---|---|---|
| Small claims limit | $25,000 | Largest claim most individuals can bring in small claims court. |
| Personal injury deadline | 2 years | Del. Code Ann. Tit. 10, § 8119 |
| Written contract deadline | 3 years | Statute of limitations for breach of a written contract. |
| Oral contract deadline | 3 years | Statute of limitations for breach of an oral agreement. |
| Security deposit return | 20 days | § 5514 |
How we built this table. Figures come from published 50-state surveys of state statutes and court rules, retrieved 2026-10-20. A number is shown only when at least two surveys agree; otherwise we leave it out. Laws change, so confirm with the statute cited or your state court before you rely on a figure. This is general information, not legal advice.
Small claims court in Delaware
Delaware lets individuals bring claims of up to $25,000 in small claims court. That is above the national middle of about $10,000.
- Filing fee: $35 to $45 (debt claims). Fees vary by county, and fee waivers exist for people with low income.
- Lawyers: Not needed for individuals.
- Appeals: Either side, 15 days, new trial in Common Pleas.
Learn the steps in our guide to how small claims court works.
Deadlines to file a lawsuit in Delaware
The deadline to file a personal injury lawsuit in Delaware is generally 2 years, which is the same as the most common period of 2 years across the country (Del. Code Ann. Tit. 10, § 8119). For a written contract the period is 3 years and for an oral contract 3 years.
Deadlines can start later or pause in some situations, and claims against government bodies often have much shorter notice periods. See what a statute of limitations is and what to do after a car accident.
Security deposits in Delaware
Landlords in Delaware must return a tenant's security deposit within about 20 days (20 days; § 5514). Missing the deadline can cost a landlord the right to keep deductions, and some states add penalties.
See security deposit rules and how evictions work.
Where to get legal help in Delaware
- Legal Services Corporation: find a legal aid office, a directory of free civil legal help for people with low incomes.
- LawHelp.org, free legal information and referrals, where you can choose Delaware.
- National Center for State Courts directory of state court websites, many with self-help forms.
Not sure whether you need an attorney? Read Do I need a lawyer? and how to find free or low-cost legal help.
Browse other states: Connecticut and District of Columbia. Or see the full 50-state comparison.