Delaware debt: three years, and 85% of your pay protected
Delaware is home to many card issuers, and its own rules for consumers are short and protective: three years to sue on most debts, and if a creditor wins, no more than 15% of your wages can be taken.
Free check first. If a dispute letter makes sense, it costs $29 ($19 for military, veterans, seniors and people with disabilities) with three follow-ups.
Who is asking you to pay?
Look at the company name at the top of the letter or in the caller ID.
Delaware at a glance
- Most consumer debt
- 3 years (10 Del. C. 8106)
- Running accounts
- Clock starts once not current
- Promissory notes
- 6 years
- Wage garnishment
- At most 15%
- Fired for garnishment
- Restricted (3509)
- Restarting the clock
- A payment can reset it
General information about Delaware law, with sources below. Not legal advice.
Three years in Delaware
Three years for actions on a debt not evidenced by a record or instrument under seal, on a running account, or on a promise (10 Del. C. 8106), which covers most consumer debts. Credit card debt is generally three years, from the last payment or activity. Promissory notes have six years.
For a mutual and running account, the three years do not begin while the account stays open and current (10 Del. C. 8107). A good-faith payment on an old account can reset the three years.
A 15% wage cap
An ordinary creditor can garnish no more than 15% of wages (10 Del. C. 4913), so 85% is protected. Delaware law restricts employers from firing workers because of a wage garnishment (10 Del. C. 3509).
Already facing a garnishment in Delaware? Our wage garnishment guide covers exemption claims, hardship and how long a garnishment lasts.
Compare the 3-year limit with every other state in our statute of limitations on debt by state table.
Limits vary a lot between states: by comparison, Indiana sets 6 years and Montana sets 5 years for similar debts.
A Delaware summons has a short deadline. Our debt lawsuit guide covers answering it, defenses such as the time limit, and settling.
If a collector writes to you in Delaware
A written dispute inside the validation period makes the collector stop until it mails verification. The check on this page starts with Delaware already selected.
To make a collector prove a debt in Delaware, send a debt validation letter within the dispute window.
If your letter comes from a national company such as LVNV Funding or Midland Credit Management, our collector guides explain who they are and how to dispute.
Questions people ask about debt in Delaware
What is the statute of limitations on credit card debt in Delaware?
Generally three years under 10 Del. C. 8106, from the last payment or activity.
How much of my wages can be garnished in Delaware?
No more than 15% for an ordinary creditor under 10 Del. C. 4913, so 85% is protected.
When does the three years start on a running account?
Not while a mutual running account stays open and current (10 Del. C. 8107).
How long for a promissory note in Delaware?
Six years.
Can I be fired because of a garnishment in Delaware?
Delaware law restricts employers from firing workers because of a wage garnishment.