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What's the small claims court dollar limit in Delaware Small Claims Court? You can ask for up to $15,000 in a small claims action filed in the Delaware Justice of the Peace Court?the court that handles small claims matters in Delaware.
Yes. But Delaware has waived sovereign immunity by statute only in select circumstances, such as when state insurance covers the loss. Municipalities are subject to a waiver of government immunity only in three enumerated instances of negligence.
Every Complaint must be delivered to the person or persons you are suing. The Sheriff's Office in each County will attempt to serve your Complaint on the Defendant(s). You must tell the Sheriff who to serve and where to find that person. The document that gives the Sheriff this information is called the "Praecipe."
If the amount you are suing for is greater than $75,000.00, you must file your case in Superior Court. If the amount you are suing for is $15,000.00 or less, you may file either in the Justice of the Peace Court or in the Court of Common Pleas.
The state is in the Third Circuit, which earns an F for its qualified immunity decisions under federal law. Under state law, Delaware earns an F for its immunity and accountability practices.
Delaware's civil statute of limitations laws provides a two-year time limit for most cases including personal injury, libel, and fraud. Statutes of limitations on civil cases are intended to create general fairness and reliability when filing lawsuits.