Delaware Statute of Limitations on Debt

Edited by Hannah Locklear

Fact-checked by Patrick Austin, J.D.

Consumer reports suggest that the average Delawarean has more than $5,000 in credit card debt. If you fall into this category and you're facing a collection lawsuit, read on for more details.

Unfortunately, many debtors often think that a lawsuit is a dead end and that there's no chance to overturn such a situation in their favor successfully. But that's because they aren't aware of the debt collection laws in the state and how they apply.

We've summarized all you need to know about the statute of limitations on debts in Delaware and how they come in handy for debtors facing a collection complaint.

Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.

Delaware statute of limitations explained

Statutes of limitations on debts differ from one state to another and may also be applied differently depending on the type of debt or contract from which the debt arises. The statute of limitations is the period that allows a creditor or a debt collector to sue a debtor for overdue debts. If the period elapses, the creditor can't file a collection lawsuit, although the debtor remains liable for the debt.

Statute of Limitations on Debt in Delaware

Debt Type	Deadline
Credit Card	3 years
Medical	3 years
Auto Loan	3 years
Student Loan	3 years
Mortgage	3 years
Judgment	5 years
Promissory Notes	6 years
Source: Del. Code tit. 10 § 5072 and § 8106

In Delaware, the statute of limitations on debts is as follows:

• Open and closed contracts have a limit of 3 years from the date the debt is unpaid.
• Promissory notes have a limit of 6 years.
• Contracts signed under seal have a 20-year limit.
• Judgments are valid for 20 years.
• Judgment liens have a renewable 10-years limit. The renewal should be done before the expiry of the initial period.

The debt collection process in Delaware

Failing to pay your debt on time will likley prompt the creditor to contact you to remind you of your obligation. Usually, creditors do that for about 180 days before charging off the debt and transferring the account to a debt collection agency.

Debt collectors will do anything possible to reach you and convince you to pay what you owe. For example, you'll receive constant calls or emails, including several debt negotiation offers where applicable.

However, the law regulates debt collectors' actions to protect you from unfairness, harassment, and abuse. For example, the debt collector can't threaten to sue you or force you to pay larger installments. These regulations are provided for under the Fair Debts Collection Practices Act (FDCPA).

If debt collectors bother you with constant phone calls, you can request them in writing to stop contacting you. This request should end the annoying phone calls, but they may contact you to serve you with the collection Summon and Complaint.

Debt collectors go to court to obtain a legal judgment against you, such as a wage garnishment order to enforce a debt. They usually hope that you won't put up a fight against the lawsuit or simply forget to respond.

However, if you ignore such a complaint, the court will pass a default judgment in favor of the collector, and they'll be awarded any befitting legal debt recovery remedies.

Defend yourself against debt collectors with SoloSuit.

How to answer a debt collection lawsuit in Delaware

Whether the debt is old and time-barred or not, it's important to respond promptly to the suit. One important thing to note when preparing your response is the time you have to file your Answer.

In Delaware, you have only 15 days from the day you receive the debt collection Summons and Complaints to file your Answer. Delaware courts also provide a general Answer Form to respond to civil suits such as the debt collection complaint.

However, you can choose to create your own document that includes all required information, such as:

• Your name, contact, and address;
• The plaintiff's information as it appears on the Summons and Complaints served;
• The court's name and address;
• Case identification information, including the case number, index number, or civil number;
• The amount of debt in the lawsuit.

The next step is to respond to all the complaints raised by the plaintiff, each in separate paragraphs. To do this, you can either admit, deny, or claim that you don't know anything about the debt (this is possible if it's a case of mistaken identity).

Debtors in Delaware can also request the debt collector to prove that they owe the debt. That is done by requesting the collector for a Bill of Particulars.

You'll be surprised that the collector may not have proof of the debt, especially if it has changed hands among collectors several times or is too old. After preparing your Answer, you must file it with the court and mail a copy to the debt collector or their lawyer within the timeframe provided by Delaware law.

The next steps you take will depend on the circumstances of your case. For example, if you believe that the debt collector owes you money instead, you can file a counterclaim five days before the trial commences. One of the reasons for filing a counterclaim is if the debt collector violated any FDCPA regulations during collection. When that happens, you may file a counterclaim seeking compensation for the damages caused.

The other option is to challenge the lawsuit in court after stating your affirmative defenses. You can use reasons such as:

• The debt was cleared.
• The statute of limitation of the debt has expired.
• The account mentioned doesn't belong to you.
• You were a cosigner to the debt and weren't fully informed of your rights.

Don't let debt collectors push you around. Respond with SoloSuit and win in court.

How to file your answer to a debt collection summons in Delaware

Don't panic at the sight of a debt collection Summons against you; the SoloSuit web application can help you file an Answer in three simple steps.

SoloSuit is an automated software designed to help debtors respond to debt collection complaints by generating an Answer document within 15 minutes.

The application guides you through the steps to creating an Answer document by answering a set of questions. It also helps you gather all the information needed to create a valid document acceptable in court.

Once the document is ready, you can print and mail it to the court as your Answer and serve a copy to the plaintiff. Alternatively, SoloSuit can file the Answer on your behalf to avoid missing the deadline.

And, did you know that having your Answer reviewed by the competent attorneys recommended by SoloSuit increases your chances of winning the case by 80 percent? If you didn't know, now you do!

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court