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Medical debt laws in Delaware

DELAWARE · STATUTE-SOURCED · MAINTAINED — LAST REVIEWED AUG 2026 · FREE, NO ACCOUNT

In Delaware, the statute of limitations on medical debt is 3 years (10 Del. C. § 8106). Delaware's single 3-year contract period in 10 Del. C. § 8106 covers actions to recover a debt not evidenced by a record or instrument under seal, actions on a promise, and actions on mutual accounts — so written contracts, oral contracts, open accounts, and medical bills all get 3 years. (Only promissory notes/instruments under seal and certain records carry longer periods.) Delaware has no separate medical-debt limitations statute, but the Medical Debt Protection Act (6 Del. C. ch. 25J) restricts how the debt may be collected. That clock decides whether a collector can win a lawsuit against you — which changes what you should do next, so check the dates on the bill before you do anything else.

Delaware — statute of limitations on debt
Written contracts3 years
Oral agreements3 years
Open accounts (credit cards)3 years
Medical debt3 years
SOURCE: 10 Del. C. § 8106

What the time limit actually means

The statute of limitations does not erase a debt — it limits how long a collector can successfully sue over it. A time-barred debt can still be requested, reported (within credit-reporting time limits), and settled. But if a collector sues after the period has run and you raise the statute of limitations as a defense, the case should be dismissed. The defense is not automatic: you must respond to the lawsuit to use it.

Careful: Under Delaware common law (no statute), a partial payment or a clear written acknowledgment of the debt can revive or restart the 3-year period as a new promise to pay; because this is case-law based, treat any payment on old debt as potentially restarting the clock.

Delaware protections for medical debt

  • Delaware Medical Debt Protection Act (6 Del. C. ch. 25J (84 Del. Laws ch. 198)) — Effective March 11, 2024 (SS2 for SB 8): large health-care facilities may not charge interest or late fees on medical debt, must offer reasonable payment plans, must wait minimum periods before collection actions, face limits on selling debt and on extraordinary collection actions, and medical debt could not be credit-reported for at least one year after being incurred.
  • Medical debt credit-reporting exclusion (SB 156) (Del. SB 156 (2025), amending 6 Del. C. ch. 25J) — Effective October 27, 2025, medical debt may not be included on consumer credit reports at all and may not be used against Delawareans' credit, employment, or housing decisions.
  • Charity care is federal law. Nonprofit hospitals must maintain a written Financial Assistance Policy and publicize it (IRS §501(r)). If your bill is from a nonprofit hospital, ask for the FAP application before paying anything. How to apply →
  • Surprise out-of-network bills. The federal No Surprises Act bans most out-of-network balance billing for emergency care and for out-of-network providers at in-network facilities. When a bill is illegal →
  • Credit reporting. The national bureaus no longer report paid medical collections, medical collections under $500, or those less than a year old.

Rules Delaware sets for collectors

Delaware relies primarily on the federal Fair Debt Collection Practices Act (FDCPA), which applies in every state and covers third-party collectors and debt buyers.

No dedicated collection-agency license — Delaware requires only a general Division of Revenue business ('mercantile or collection agency') license under Title 30; there is no state collection-agency regulator.

Under the FDCPA, within five days of first contacting you a collector must send a written validation notice (15 U.S.C. §1692g). If you dispute the debt in writing within 30 days of that notice, the collector must stop collection activity until it mails you verification. There is no legal deadline for the collector to respond — but until it does, it cannot lawfully keep collecting.

If a collector is calling: the first 24 hours

  1. Do not confirm the debt is yours on the phone, and do not make a payment yet — get everything in writing first.
  2. Ask for the collector’s company name, mailing address, and the amount claimed. Write down the date and time.
  3. Check the dates: if the last activity on the bill is older than 3 years, the debt may be time-barred in Delaware.
  4. Send a written validation request within 30 days. Generate the letter free →
  5. If the bill is from a hospital, request an itemized bill and ask about financial assistance — billing errors are common and assistance is often retroactive.

Where to complain in Delaware

Delaware Department of Justice Consumer Protection Unit handles collection complaints at the state level. Federally, file with the Consumer Financial Protection Bureau — complaints become part of the public record collectors are judged on.

Common questions

How long can a debt collector pursue medical debt in Delaware?

The statute of limitations on medical debt in Delaware is 3 years (10 Del. C. § 8106). Delaware's single 3-year contract period in 10 Del. C. § 8106 covers actions to recover a debt not evidenced by a record or instrument under seal, actions on a promise, and actions on mutual accounts — so written contracts, oral contracts, open accounts, and medical bills all get 3 years. (Only promissory notes/instruments under seal and certain records carry longer periods.) Delaware has no separate medical-debt limitations statute, but the Medical Debt Protection Act (6 Del. C. ch. 25J) restricts how the debt may be collected. After that period, a lawsuit to collect can be challenged as time-barred, though collectors may still ask you to pay voluntarily.

Can I be sued for a medical bill after 3 years in Delaware?

A collector can still file a lawsuit after the limitations period, but the statute of limitations is a defense: if you raise it, a time-barred case should be dismissed. It is not automatic — you must respond to the lawsuit and assert it. Never ignore a court summons.

Does making a small payment restart the clock in Delaware?

Under Delaware common law (no statute), a partial payment or a clear written acknowledgment of the debt can revive or restart the 3-year period as a new promise to pay; because this is case-law based, treat any payment on old debt as potentially restarting the clock.

Does unpaid medical debt go on my credit report?

Since 2023, the three national credit bureaus (Equifax, Experian, TransUnion) do not report paid medical collections, medical collections under $500, or medical collections less than a year old. Larger, older unpaid medical collections can still appear.

Do hospitals in Delaware have to offer financial assistance?

Every nonprofit hospital in the United States is required by federal law (IRS Section 501(r)) to have a written Financial Assistance Policy and to tell patients about it. Delaware adds its own protections on top — see the list on this page.

How do I dispute a medical bill that went to collections?

Send the collector a written debt validation request. Under the federal FDCPA (15 U.S.C. §1692g), if you dispute the debt in writing within 30 days of their first notice, the collector must stop collecting until it mails you verification of the debt. You can generate that letter free on this site — no account needed.

Where do I complain about a debt collector in Delaware?

File with the Delaware Department of Justice Consumer Protection Unit (https://attorneygeneral.delaware.gov/fraud/cpu/complaint/) and with the federal Consumer Financial Protection Bureau at consumerfinance.gov/complaint. Complaints are free and create a record.

Keep reading

Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.

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