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.
- 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
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.