NOT LEGAL OR FINANCIAL ADVICE
This content is for educational purposes only. Laws change frequently and vary by circumstance. Always consult a licensed attorney in your state before taking any legal action. We are not responsible for any decisions or actions taken based on this information.
Delaware Freelance Invoice Laws
General information about collecting unpaid invoices in Delaware
Last Updated: 2025-01-01 • Always verify with a Delaware attorney
Late Fee Limit
No statutory limit for B2B contracts
Interest Rate
5% per annum (statutory); higher by contract
Small Claims Limit
$15,000
Statute of Limitations
3 years for written contracts, 3 years for oral
Additional Context
Late Fees: Late fees must be reasonable and specified in the contract. Delaware courts enforce agreed-upon commercial provisions.
Interest: Parties can agree to higher rates in writing. Delaware is business-friendly for commercial contracts.
Small Claims: Justice of the Peace Court handles small claims. Delaware has one of the higher limits. Filing fees are $35-$50.
General Best Practices
These are general suggestions, not legal advice. Consult an attorney for your specific situation.
- ✓ Act quickly—Delaware has only a 3-year statute of limitations
- ✓ Take advantage of Delaware's high $15,000 small claims limit
- ✓ Use written contracts with clear payment terms
- ✓ Send invoices immediately upon project completion
- ✓ Delaware is business-friendly for contract terms
Common Mistakes to Avoid
- ✗ Waiting too long—3 years passes quickly
- ✗ Not knowing Delaware's high $15,000 small claims limit
- ✗ Not specifying interest rates in contracts
- ✗ Filing in wrong Justice of the Peace Court
- ✗ Skipping demand letters
When to Consult an Attorney
For invoices over $15,000 or if the 3-year deadline is approaching.
Frequently Asked Questions
What is the small claims limit in Delaware?
Delaware Justice of the Peace Courts handle claims up to $15,000—one of the highest limits. Filing fees are $35-$50.
How long do I have to sue for an unpaid invoice in Delaware?
Only 3 years for both written and oral contracts—one of the shorter periods. Don't delay pursuing collection.
What interest rate can I charge on overdue invoices in Delaware?
The statutory rate is 5% per annum. Delaware is business-friendly, so you can specify higher rates in commercial contracts.
Where do I file a small claims case in Delaware?
File in the Justice of the Peace Court for the county where the defendant resides or does business.
Do I need a collection license in Delaware?
You can collect your own debts without a license. Third-party agencies must be licensed by the Delaware Office of the State Bank Commissioner.
Sources & References
These are reference sources only. Laws change—verify current statutes before taking action.
- Delaware Code Title 6 § 2301 (Interest)
- 10 Del. C. § 9301 (Justice of the Peace)
- 10 Del. C. § 8106 (Statute of Limitations)
- Delaware Courts
IMPORTANT LEGAL DISCLAIMER
This is NOT legal or financial advice. The information on this page is provided for general educational and informational purposes only. It is not intended to be, and should not be construed as, legal, financial, or professional advice.
Laws change frequently. State laws, court rules, and regulations are subject to change without notice. The information presented here may not reflect the most current legal developments or may not apply to your specific situation.
Consult a licensed professional. Before taking any action based on the information on this website, you should consult with a licensed attorney in Delaware who can provide advice tailored to your specific circumstances.
No attorney-client relationship. Viewing this information does not create an attorney-client relationship between you and Happy Freelance Life or its creators.
No liability. Happy Freelance Life and its creators disclaim all liability for any actions taken or not taken based on any information on this website. You assume full responsibility for any decisions or actions you take based on this content.
If you need legal help, please contact the Delaware State Bar Association for attorney referrals or a legal aid organization in your area.
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Take the QuizThis information is for educational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for specific legal guidance. This page was last updated on 2025-01-01. For current legal information, consult the official Delaware state statutes or a licensed Delaware attorney. Happy Freelance Life is not a law firm and does not provide legal services.