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State credit and debt laws

Delaware credit and debt laws

Reviewed · 5 sources

Short answer

In Delaware, the statute of limitations on written contracts is 3 years. That clock limits lawsuits, not credit reporting: under federal law, most negative items leave your credit report after 7 years no matter which state you live in. Delaware also has its own law on medical debt and credit reports.

Delaware statute of limitations on debt

Type of debtTime limitLaw
Written contracts3 years10 Del. C. 8106(a)
Oral contracts3 years10 Del. C. 8106(a)
Promissory notes6 years10 Del. C. 8109
  • Written contracts. The three-year rule covers actions based on a promise. A written contract involving at least $100,000 can set its own period, up to 20 years (10 Del. C. 8106(c)).
  • Promissory notes. The same six-year section covers bills of exchange and a signed acknowledgment of an existing debt.

Time limits to sue vs. time on your credit report

The Delaware deadlines above control how long a creditor or collector can win a lawsuit. They don't change how long an account stays on your credit report. The federal Fair Credit Reporting Act limits most negative items to 7 years in every state, counted from the date of first delinquency, and a payment doesn't restart that reporting clock. See how long negative items stay for both clocks side by side.

Can a payment restart the clock?

A written acknowledgment matters in Delaware. An action based on an acknowledgment of an existing debt, signed by the person who owes it, can be brought within 6 years (10 Del. C. 8109).

Does Delaware limit lawsuits on old debt?

Delaware law adds no rule of its own on suing over old debt. The federal Regulation F ban on suing or threatening to sue over time-barred debt applies.

Medical debt on credit reports in Delaware

Delaware bars furnishing medical debt to credit bureaus and bars credit bureaus from reporting it. The law: SS 1 for SB 156 (153rd General Assembly). In effect since October 27, 2025.

Compare every state in medical debt laws by state.

Marriage and debt

Delaware is not a community property state. Each spouse keeps a separate credit report, and a debt generally belongs to the people who signed for it.

Can employers check your credit?

Public employers only. The State, its agencies and local governments may not ask about or consider an applicant's credit history or credit score during the initial application process, up to and including the first interview. They may consider it after that if the applicant is otherwise qualified. Police agencies, the Department of Correction, the Department of Justice, the courts and a few other offices are exempt. Private employers are not covered. The law: 19 Del. C. 711(h).

Where to complain about a debt collector

In Delaware, complaints about debt collectors and credit reporting can go to Delaware Department of Justice, Consumer Protection Unit, as well as to the Consumer Financial Protection Bureau.

More to know in Delaware

Delaware gives creditors just 3 years to sue on an ordinary contract debt, written or oral, which puts it at the short end nationally. The exception that matters most for consumers is the promissory note. A promissory note gets 6 years under a separate section, and so does a signed written acknowledgment of a debt you still owe. That makes a signed letter or form admitting an old balance more consequential than a phone call. Delaware's medical debt law, in effect since October 27, 2025, bars furnishing medical debt to credit bureaus and bars the bureaus from reporting it. Its employer credit check law is narrow: it covers only state and local government employers and only during the early application stage, through the first interview. Delaware's Consumer Protection Unit in the Department of Justice enforces the state's consumer protection laws and accepts consumer complaints online.

Guides that go deeper

Sources

  1. Delaware Code Title 10, Chapter 81: Personal Actions, Delaware General Assembly
  2. Delaware Code Title 19, Chapter 7, Subchapter II: Discriminatory Practices, Delaware General Assembly
  3. The latest on keeping medical debt out of credit reports, National Consumer Law Center
  4. Consumer Protection Unit, Delaware Department of Justice
  5. Publication 555: Community Property, Internal Revenue Service

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