Statute of limitations on debt in Delaware

3 years to sue on a written contract or an open account (10 Del. C. § 8106(a); § 8109 (promissory notes and signed acknowledgments: 6 years)).

Short answer

Delaware gives 6 years to sue on 'an acknowledgment under the hand of the party of a subsisting demand' (a signed written acknowledgment of a debt), the same as for promissory notes (10 Del. C. § 8109).

Written contracts
3 years
Open accounts and unwritten agreements
3 years

Delaware's time limits to sue on a debt

Law
10 Del. C. § 8106(a); § 8109 (promissory notes and signed acknowledgments: 6 years)
Official text
Read the law

Delaware's 3 years for written contracts is shorter than the most common limit in our 48 state guides (6 years); 7 states, Delaware included, have this limit. It is the shortest limit in our guides (7 states). For comparison, the written-contract limit is 3 years in Maryland, 4 years in Pennsylvania and 6 years in New Jersey.

Delaware rules when a collector sues, and your rights

  • You cannot be charged interest or late fees on medical debt, even on a judgment. (6 Del. C. §§ 2504J(a), 2509J)
  • 460) amend §§ 2505J, 2508J and 2511J; some changes (for example, a defense in medical debt lawsuits if the hospital did not follow financial-assistance rules, and an affidavit needed before a default judgment) take effect only when a contingency in 85 Del. Laws c.

Does paying restart the time limit in Delaware?

Delaware gives 6 years to sue on 'an acknowledgment under the hand of the party of a subsisting demand' (a signed written acknowledgment of a debt), the same as for promissory notes (10 Del. C. § 8109).

Is my debt too old? Check Delaware's time limit

Delaware: 3 years for a written contractEnter the date of your last payment to see when the time limit ends.

Sued on an old debt in Delaware?

The time limit protects you only if you raise it, so answer on time. In Delaware: Justice of the Peace Court (where most consumer debt cases are filed): answer as directed by the summons (J.P. Court Civil Rule 12). Check the date on your summons.

If you don't answer as the summons directs, the court can enter a default judgment against you (J.P. Court Civil Rule 55).

What to do if you are sued in Delaware

Handling an old debt in Delaware

  1. Think before you pay or sign

    In Delaware: Delaware gives 6 years to sue on 'an acknowledgment under the hand of the party of a subsisting demand' (a signed written acknowledgment of a debt), the same as for promissory notes (10 Del. C. § 8109).

  2. Dispute the debt in writing

    Use a dispute letter within 30 days of the collector's validation notice.

  3. Report a suit on an old debt

    File a complaint with Delaware Department of Justice, Consumer Protection Unit and to the CFPB at consumerfinance.gov/complaint. Phone: (800) 220-5424.

Federal rules on old debts

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). A collection can stay on your credit report up to 7 years, counted from 180 days after the first missed payment (15 U.S.C. 1681c). All the federal rules: time-barred debt guide.

Free help in Delaware

Questions about old debts in Delaware

When does a debt become too old to sue on in Delaware?

3 years for written contracts and 3 years for open accounts and unwritten agreements (10 Del. C. § 8106(a); § 8109 (promissory notes and signed acknowledgments: 6 years)).

Does paying on an old debt restart the clock in Delaware?

Delaware gives 6 years to sue on 'an acknowledgment under the hand of the party of a subsisting demand' (a signed written acknowledgment of a debt), the same as for promissory notes (10 Del. C. § 8109).

More for Delaware

Statute of limitations in nearby states

Sources

Last checked: Oct 24, 2026.

Federal sources