Otto

All jurisdictions

Delaware

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.

Authority10 Del. C. §§ 8106, 8109
Written contract
3 yr
Oral contract
3 yr
Open account
3 yr
Promissory note
6 yr

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

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.