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lawsuit to collect debt

Lawsuits to collect debts are usually filed in state courts—and may be filed in small claims courts, depending on the amount of the debt and the small claims court’s jurisdictional limits (the maximum amount of a claim that can be filed in the court).

In Delaware, lawsuits to collect debts are typically filed in state courts, and the court in which a lawsuit is filed depends on the amount of the debt. For smaller debts, creditors may file a claim in the Justice of the Peace Court, which is Delaware's version of small claims court. The jurisdictional limit for the Justice of the Peace Court is generally $15,000, meaning that any claim up to that amount can be filed there. Claims exceeding this amount would need to be filed in a court with higher jurisdiction, such as the Court of Common Pleas or the Superior Court. It's important for debtors to respond to such lawsuits within the specified time frame to avoid a default judgment, which could lead to wage garnishment or other collection actions. Debtors facing a debt collection lawsuit in Delaware may benefit from consulting with an attorney to understand their rights and options.

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Creditor / Debtor

lawsuit to collect debt

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Creditor / Debtor

lawsuit to collect debt

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