Delaware debt statute of limitations

Delaware limitation periods by type of debt

Delaware applies one 3-year period to written and unwritten promises alike.

What the Delaware statute says

“no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise”
Del. Code tit. 10, § 8106(a)

“In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current.”
Del. Code tit. 10, § 8108

“When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action.”
Del. Code tit. 10, § 8109

Does paying restart the clock in Delaware?

A signed written acknowledgment of a still-existing debt gives a new 6-year period to sue on it; the code does not separately say a payment restarts the period (Del. Code tit. 10, § 8109).

“When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action.”
Del. Code tit. 10, § 8109

If a creditor wins a judgment in Delaware

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Delaware rules take over.

How long a judgment lasts

In Delaware, a money judgment's general lien on real estate lasts 10 years from entry unless renewed for a further 10-year term (by written agreement or by scire facias under § 4711); this section governs the real-estate lien, not every form of enforcement.

“No judgment which is a general lien, including judgments for costs and judgments in favor of the State or any political subdivision thereof, shall remain a lien for more than the 10-year period hereinabove provided, unless renewed for a further 10-year term in accordance with the provisions of this section”
Del. Code Ann. tit. 10, § 4711(b)

Wage garnishment

In Delaware, 85% of a state resident's wages is exempt from attachment (so at most 15% can be taken, subject also to the federal limit), except for state fines, costs, or taxes, and only one attachment may be made on any amount of wages due.

“Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitation shall be inapplicable to process issued for the collection of a fine or costs or taxes due and owing the State.”
Del. Code Ann. tit. 10, § 4913(a)-(b)

Small claims court

Delaware has no separately named small claims court; the Justice of the Peace Court hears contract and certain tort and property actions where the amount demanded does not exceed $25,000 (interest may be added on top).

“Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000”
Del. Code Ann. tit. 10, § 9301(1)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Delaware treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Delaware?

3 years for credit-card debt and 3 years on a written contract, under Del. Code tit. 10, § 8106. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Delaware?

A signed written acknowledgment of a still-existing debt gives a new 6-year period to sue on it; the code does not separately say a payment restarts the period (Del. Code tit. 10, § 8109).

How long does a court judgment last in Delaware?

In Delaware, a money judgment's general lien on real estate lasts 10 years from entry unless renewed for a further 10-year term (by written agreement or by scire facias under § 4711); this section governs the real-estate lien, not every form of enforcement. (Del. Code Ann. tit. 10, § 4711(b)).

How much of my pay can be garnished in Delaware?

In Delaware, 85% of a state resident's wages is exempt from attachment (so at most 15% can be taken, subject also to the federal limit), except for state fines, costs, or taxes, and only one attachment may be made on any amount of wages due. (Del. Code Ann. tit. 10, § 4913(a)-(b)).

What if I am sued on an old debt in Delaware?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.