Delaware gives creditors three years to sue on most consumer debt, one of the shorter periods in the country. A promissory note gets six, and so does a signed written acknowledgment of a debt. That last rule, in 10 Del. C. § 8109, is the one to understand before you put anything about an old debt in writing.
The deadlines, and where each one is written
| What is being collected | Deadline to file suit | Statute |
|---|---|---|
| A debt not evidenced by a record or by an instrument under seal | 3 years | 10 Del. C. § 8106(a) |
| An action based on a promise | 3 years | 10 Del. C. § 8106(a) |
| A detailed statement of mutual demands in the nature of debit and credit (an account) | 3 years | 10 Del. C. § 8106(a) |
| A promissory note or bill of exchange | 6 years | 10 Del. C. § 8109 |
| An acknowledgment of a subsisting demand “under the hand of the party” | 6 years | 10 Del. C. § 8109 |
| A written contract involving at least $100,000 that sets its own period | Up to 20 years | 10 Del. C. § 8106(c) |
Section 8106(a) is a single long sentence that lists, among other things, “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,” and “no action based on a promise,” and then says none of them “shall be brought after the expiration of 3 years from the accruing of the cause of such action.”
The $100,000 rule in § 8106(c) is aimed at large commercial contracts. It rarely touches consumer debt, but it is in the same section, so we list it.
What the code leaves open
Chapter 81 never mentions credit cards. For most card and loan balances the three-year rule is the natural fit, since a card balance is a debt based on a promise and, usually, a running account. Two gaps are worth knowing. First, § 8106(a) covers a debt “not evidenced by a record or by an instrument under seal,” but the chapter does not say what period applies to a debt that is evidenced by a record or a sealed instrument, and it does not define “record.” Second, a lender that took a promissory note can claim six years under § 8109, and the chapter does not say when a loan agreement counts as a promissory note.
What this means in practice: for an ordinary Delaware credit card or account, the code points to three years. A creditor claiming six should be relying on a promissory note or a signed acknowledgment, and should be able to show it. Where a creditor says a debt is “evidenced by a record,” the code does not tell you what that changes, and we do not guess.
When the clock starts
The three years run “from the accruing of the cause of such action,” which the chapter does not define for a card or loan. For one kind of account it sets a special rule. Under § 8108, “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.” The section does not say whether an ordinary credit card account, where only one side extends credit, is a “mutual and running account.”
Under § 8117, if you are out of the state when the claim accrues, the period starts when you come into the state “in such manner that by reasonable diligence, such person may be served with process,” and time spent living out of the state afterward does not count.
What restarts the clock in Delaware
Chapter 81 has no section saying that a payment restarts the clock. It does have § 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.
Read plainly, a written acknowledgment signed by you (“under the hand of the party”) that a debt is still owed (“a subsisting demand”) can itself be sued on, and the period for that is six years, double the ordinary three. The section says nothing about spoken acknowledgments or about payments. Whether a payment on an old Delaware debt restarts the three-year clock is not answered by the statute.
Debts from other states
Section 8121 is a borrowing statute. When a claim arose outside Delaware, a Delaware court cannot hear it “after the expiration of whichever is shorter, the time limited by the law of this State, or the time limited by the law of the state or country where the cause of action arose.” The one exception is a claim that originally accrued in favor of someone who was a Delaware resident at the time.
How often Delaware consumers report collection problems
Delaware consumers filed 1,300 debt collection complaints with the Consumer Financial Protection Bureau in the 12 months ending October 7, 2026, which is 0.4% of the 316,737 filed nationwide and ranks 33rd among reporting states.
Of those, 231, or 18% of the Delaware total, were categorized as a collector taking or threatening to take negative or legal action, against 25% nationally.
These are raw complaint counts, not rates. They are not adjusted for population, and a complaint is an allegation the CFPB has published, not a finding that a company broke the law. The figures refresh weekly from the CFPB’s public database.
If you are sued on a debt you believe is too old
The statute of limitations is a defense you have to raise in your answer. A person who does not respond to a Delaware collection suit can lose by default, even on a debt past its deadline.
Two Delaware-specific things to check: whether the creditor is suing on an ordinary account or promise (three years) or claims a promissory note or a signed acknowledgment (six years under § 8109); and, if it is the latter, what document it is relying on. Court deadlines are short, so this is a point at which speaking with a Delaware attorney or a legal aid organization is worth the call.
How Delaware compares
The same question gets a different answer a state line away. These are the closest comparisons to Delaware:
- Maryland: next door, also three years, and suing on expired consumer debt is barred
- Pennsylvania: next door, four years, and no statute on payments
- New Jersey: next door, six years, written or oral
The full comparison table covers every state we have published.
Sources and verification
Statutes quoted from the Delaware Code as published by the Delaware General Assembly, Title 10, Chapter 81 (Personal Actions). Provisions cited: 10 Del. C. §§ 8106, 8108, 8109, 8117, and 8121; we read every section of the chapter. Section histories show §§ 8108 and 8109 unchanged since the 1953 code and § 8106 last amended by 79 Del. Laws, c. 353. The General Assembly also publishes an authenticated PDF of the title. Text retrieved October 2, 2026. Complaint data: CFPB Consumer Complaint Database, filtered to the Debt collection product and the Delaware state field over a rolling 12-month window, re-queried weekly by this site. Our data sources and update policy lists every figure on this site that refreshes automatically and how often.
This page explains what the Delaware statutes say. It is general information, not legal advice. It does not say what period applies to a debt “evidenced by a record,” or whether a payment restarts the clock, because Chapter 81 does not answer either question.
Frequently asked questions
What is the statute of limitations on debt in Delaware?
Three years for a debt not evidenced by a record or sealed instrument, an action based on a promise, or an account of mutual debits and credits, under 10 Del. C. § 8106(a). Six years for a promissory note, a bill of exchange, or a signed acknowledgment of a debt, under § 8109.
Is Delaware credit card debt three years?
The code does not name credit cards, but an ordinary card balance fits the three-year categories in § 8106(a): a debt based on a promise and an account of debits and credits. A creditor claiming six years would need a promissory note or a signed acknowledgment under § 8109.
Does a payment restart the statute of limitations in Delaware?
No Delaware statute says. Chapter 81 has no section on payments. It does provide, in § 8109, that an acknowledgment of a debt under the hand of the party can be sued on within six years.
Can a signed letter about an old debt hurt me in Delaware?
It can. Under 10 Del. C. § 8109, a written acknowledgment under your hand that a debt is still owed carries its own six-year period, twice the ordinary three years.