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New Castle County eviction process and fees

New Castle County, Delaware · Justice of the Peace Court nearest the property (summary possession)

Not legal advice. This page summarizes public statutes and court fee schedules as of the date shown. Rules and fees change; confirm with the court before you file, and talk to a local attorney about your situation.

New Castle County eviction fees

Not verified We have not verified New Castle County's local filing, service or writ fees yet. Statewide rules below still apply. Ask the clerk of the justice of the peace court nearest the property (summary possession) before you file.

Eviction filing fee$45
Landlord-tenant filing fee
Source: Delaware JP Court fees
Service of process and writ / removalNot verified
Set by the county sheriff, marshal or constable

About the missing details

Why it's missing: We only list local service and writ fees published by an official source. The Delaware filing fee is set statewide (shown above), but New Castle County hasn't published its sheriff or marshal service and writ fees in a form we could verify, so call the sheriff's civil unit or the court clerk to confirm.

General information
Not specific to New Castle County

Across the 21 counties where we've read the official fee schedule, the eviction filing fee runs from $41 to $322. Sheriff or constable service usually adds a per-tenant charge, and a writ of possession adds another. Statewide fixed filing fees we've verified: California $240 (claims up to $10,000), Connecticut $175, Delaware $45, Florida $185, Texas $54.

Closest place with verified data

Cuyahoga County, OH (about 341 miles away): filing fee $110

Call or visit the official office

Delaware Courts: Justice of the Peace Court fees · Official website

Ask for the clerk's office for the court that handles evictions in your county.

Know the current fee? Tell us. We check every tip against an official source before publishing it.

Featured landlord services in New Castle County

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Delaware eviction steps

  1. Notice for unpaid rent. A written demand for the rent with notice that the lease ends if it is not paid within at least 5 days (weekends and holidays excluded). Landlords must also take part in eviction diversion. (25 Del. C. §5502)
  2. File in court. If the tenant doesn't pay or move out, file the eviction case in the justice of the Peace Court nearest the property (summary possession). Ask the clerk for current filing and service fees. (Delaware Courts: Justice of the Peace Court fees)
  3. Hearing, judgment and removal. After the tenant is served, the court sets a hearing. If the landlord wins, removal happens only through the court's order or writ, carried out by a law enforcement officer. Exact timelines are in the court's self-help materials. (Delaware Courts: Justice of the Peace Court fees)

All Delaware rules and counties →