# Delaware statute of limitations on debt

> In Delaware, the statute of limitations on a written contract is 3 years under 10 Del. C. §§ 8106, 8109. Periods for oral contracts, open accounts and promissory notes.

- Source: https://ottoforfirms.com/statute-of-limitations/delaware/
- Publisher: Otto — https://ottoforfirms.com
- Updated: 2026-09-01

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In Delaware, the statute of limitations on a written contract is 3 years under 10 Del. C. §§ 8106, 8109.

**Rule.** A written contract claim in Delaware must be brought within 3 years.

**Authority.** [10 Del. C. §§ 8106, 8109](https://delcode.delaware.gov/title10/c081/index.html)

| Contract type | Limitations period |
| --- | --- |
| Written contract | 3 yr |
| Oral contract | 3 yr |
| Open account | 3 yr |
| Promissory note | 6 yr |

## What the statute says

> 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, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action

— [10 Del. C. §§ 8106, 8109](https://delcode.delaware.gov/title10/c081/index.html)

## When does the clock start?

Three years from the accruing of the cause of action; on a mutual and running account the period does not begin to run while the account continues open and current (§ 8108).

## What pauses it?

§ 8117 stops the clock while the defendant is out of state and not reachable by process; § 8116 preserves the claim of a person under infancy or incompetency of mind until three years after the disability is removed.

Last reviewed 2026-07-26

## Related

- [Maryland statute of limitations](https://ottoforfirms.com/statute-of-limitations/maryland/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.
- [New Jersey statute of limitations](https://ottoforfirms.com/statute-of-limitations/new-jersey/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.
- [Pennsylvania statute of limitations](https://ottoforfirms.com/statute-of-limitations/pennsylvania/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.

## About Otto

This table is a free reference and it is not the product. Otto is case management for US collections law firms; the rules engine ships all fifty states configured — four shown in end-to-end depth in the demo — and it checks a date like this one before a file moves rather than after.

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This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.