Statute of limitations on debt in Delaware
In Delaware, a creditor or debt collector has 3 years to sue on a written contract, 3 years on an oral agreement, and 3 years on an open account such as a credit card (10 Del. C. § 8106). For medical bills, the operative number is 3 years — 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.
| Written contracts | 3 years |
| Oral agreements | 3 years |
| Open accounts (credit cards) | 3 years |
| Medical debt | 3 years |
How the limitation works
- It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
- It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
- The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
- Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.
The restart trap
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.This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.
What to do with an old collection notice
- Find the date of last activity — your own bank records beat the collector’s letter.
- Count forward using the table above. Older than the period? The debt may be time-barred in Delaware.
- Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
- Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
- If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: Delaware Department of Justice Consumer Protection Unit.
Common questions
What is the statute of limitations on debt in Delaware?
Delaware allows 3 years to sue on written contracts, 3 years on oral agreements, and 3 years on open accounts such as credit cards (10 Del. C. § 8106). Medical debt is generally treated as a written contract here — 3 years.
When does the clock start?
Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.
Does paying something on an old debt restart the statute of limitations 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.
Can a collector still contact me about a time-barred debt?
Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.
What should I do if I get sued on an old debt?
Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.
How is a judgment different?
Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.
Keep reading
- Medical debt laws in Delaware
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Iowa
- Medical debt laws in Michigan
- Medical debt laws in New Hampshire
- Medical debt laws in Oklahoma
- Medical debt laws in Texas
- Medical debt laws in Wyoming
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.