In Delaware, a creditor generally has three years to sue on a debt or a promise [1]. A promissory note, or a signed written acknowledgment that you owe a debt, gets six years [2]. And the time you spend living outside Delaware doesn’t count [3].
At a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Debt not evidenced by a record or an instrument under seal; action based on a promise | 3 years | 10 Del. C. § 8106 |
| Action on a detailed statement of mutual debits and credits | 3 years | 10 Del. C. § 8106 |
| Promissory note, bill of exchange, or signed acknowledgment of a subsisting demand | 6 years | 10 Del. C. § 8109 |
| Breach of a contract for the sale of goods | 4 years | 6 Del. C. § 2-725 |
| Unpaid wages owed to you | 2 years | 10 Del. C. § 8111 |
Three years for most debts
Delaware’s general rule covers most of what people owe: no action to recover a debt not evidenced by a record or by an instrument under seal, and no action based on a promise, can be brought more than three years after the claim accrues [1]. Which deadline applies to a particular credit card, medical bill or loan depends on the paperwork behind it. If a creditor sues you on an old account, it’s fair to ask what document it’s relying on.
Two kinds of debts fall outside that three-year rule. A promissory note has six years [2]. And a contract for the sale of goods, such as a store’s financing for something you bought, has four years from the breach; the original contract can shorten that to as little as one year but can’t lengthen it [4].
When the clock starts
The deadline runs from when the claim accrues [1]. For a mutual and running account between two parties, Delaware doesn’t start the three-year clock while the account continues open and current [6].
Time out of state doesn’t count
If you were out of Delaware when a claim arose, the creditor can sue within the normal time after you come into the state where you can be served [3]. If you move away after a claim arises, the time you live or remain out of state isn’t counted until you return [3]. So a debt from years ago may still be within Delaware’s deadline if you lived elsewhere for part of that time.
Signed acknowledgments
Delaware gives a creditor six years to sue on “an acknowledgment under the hand of the party of a subsisting demand,” meaning a written statement, signed by you, that admits a debt still exists [2].
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Collectors can still contact you and ask you to pay, but they can’t sue or threaten to sue you over a time-barred debt [7].
The deadline isn’t applied automatically, though. If you’re sued on an old debt, you have to raise the statute of limitations yourself [7]. In Delaware’s Justice of the Peace Court, a defendant in a debt case has 15 days after receiving the summons to return an answer form [8]. Don’t let that pass. See our guide to the Delaware Justice of the Peace Court.
Judgments
Once a creditor wins, the clock is different. A Justice of the Peace Court judgment is good for five years; after that, the creditor has to revive it before using court collection procedures [9].
The credit report clock is different
How long an old debt shows on your credit report is a federal rule, not a Delaware one. Under the Fair Credit Reporting Act, most accounts placed for collection or charged off can’t be reported once they’re more than seven years old, counted from 180 days after the delinquency began [5]. That means a Delaware debt can be too old to sue on after three years and still appear on your report for several more.
Accurate information can stay for the full reporting period. If something is wrong, such as an old debt listed with the wrong dates or past the seven-year limit, you have the right to dispute it with the credit bureaus for free. For more, see BestAmerica’s guide to how long negative items stay on a credit report.
Want a professional to handle it? A reputable credit repair company can pull your reports from all three bureaus, spot old debts that are re-aged, duplicated or reported past the time limit, and send and follow up on the disputes for you over several rounds, which saves time and paperwork. Federal law sets clear protections when you hire one: you get a written contract that spells out the services, the total cost and how long it will take [11], you can cancel within three business days [12], and the company can’t charge you until it has performed the services it promised [10]. Accurate, current information can’t be removed, and results vary. See BestAmerica’s guide to how credit repair works.
Where to get help
- Legal aid: free legal help may be available if you’re sued and your income qualifies.
- Consumer Financial Protection Bureau: takes complaints about debt collectors [7].
- A consumer attorney: worth a call if you’re sued on an old debt.
Sources
- 10 Del. C. § 8106: Actions subject to 3-year limitation
- 10 Del. C. § 8109: Bills and notes
- 10 Del. C. § 8117: Defendant's absence from State
- 6 Del. C. § 2-725: Statute of limitations in contracts for sale
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- 10 Del. C. § 8108: Mutual running accounts
- CFPB: What is a statute of limitations on a debt?
- Delaware Courts: How To Respond To A Civil Action in the Justice of the Peace Court
- Delaware Courts: How to Collect and/or Revive a Judgment in the Justice of the Peace Court
- 15 U.S.C. § 1679b, Prohibited practices (Cornell LII)
- 15 U.S.C. § 1679d, Credit repair organizations contracts (Cornell LII)
- 15 U.S.C. § 1679e, Right to cancel contract (Cornell LII)
Next steps
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Credit repair company
Credit Saint
If an old debt or another item on your credit report looks wrong, Credit Saint can help you challenge it with the credit bureaus.
You can also dispute errors yourself, for free, with Equifax, Experian and TransUnion. No company can legally remove accurate, timely information, and results vary.
Learn about Credit Saint →Free financial app
Bolster
Bolster is a free app for keeping an eye on your credit and building credit history over time.
Check the app's terms for any optional paid features.
See Bolster →Credit monitoring and credit builder
Credit Squad
Credit Squad watches your credit and identity and alerts you to changes. Its credit builder, included with every plan, reports your monthly payment to all three credit bureaus as an on-time installment payment.
Paid monthly subscription; see Credit Squad's site for current plans and terms. Credit building depends on on-time payments, and results vary.
See Credit Squad →Common questions
What is the statute of limitations on debt in Delaware?
Three years for most debts. Delaware law gives three years to sue on a debt not evidenced by a record or an instrument under seal, and on an action based on a promise. A promissory note, or a signed written acknowledgment of a debt that still exists, has six years. A breach of a contract for the sale of goods has four years.
Can signing something restart an old debt in Delaware?
It can create a new deadline. Delaware law lets a creditor sue within six years on an acknowledgment, under the hand of the person who owes it, of a demand that still exists. Be careful about signing any letter or form that says you still owe an old debt.
Does leaving Delaware pause the statute of limitations?
Yes. If you move out of Delaware after a debt comes due, the time you live or stay out of the state doesn't count toward the deadline until you come back where you can be served. If you were already out of state when the claim arose, the clock starts once you come into the state.
How long can a collection account stay on my credit report?
That's a separate federal rule. Under the Fair Credit Reporting Act, most collection and charged-off accounts can be reported for seven years, starting 180 days after the delinquency began, no matter what Delaware's deadline to sue is.