Statute of Limitations on Debt in Delaware
How long a creditor or collector has to sue you over a debt in Delaware, and whether a payment restarts the clock.
Short answer: 3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years after the claim accrues. 10 Del. C. § 8106(a), (c)
| Time limit to sue on a written contract | 3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years after the claim accrues. Delaware does not set a separate, longer period for ordinary written consumer contracts. A written contract involving at least $100,000 may set its own period of up to 20 years. Re-verified 2026-10-27. Source: 10 Del. C. § 8106(a), (c) |
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| Time limit for credit cards and open accounts | 3 years, the same as other promises and debts not under seal. For a mutual and running account between the parties, the claim may accrue later. Re-verified 2026-10-27. Source: 10 Del. C. §§ 8106(a), 8108 |
Where to get help in Delaware
More Delaware debt & collections
- Wage Garnishment in Delaware
- How to Respond to a Debt Collection Lawsuit in Delaware
- What Creditors Can't Take in Delaware
- All Delaware debt & collections rules
FAQ
What is the statute of limitations on debt in Delaware?
3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years after the claim accrues. Delaware does not set a separate, longer period for ordinary written consumer contracts. A written contract involving at least $100,000 may set its own period of up to 20 years.
How long can a creditor sue on a credit card debt in Delaware?
3 years, the same as other promises and debts not under seal. For a mutual and running account between the parties, the claim may accrue later.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.