Statute of Limitations on Debt in Delaware
Your Delaware debt settlement attorney can and will advise you regarding the debt settlement and the debt relief laws in Delaware. One of the most important laws that may affect your debt negotiation and debt settlement are the Delaware state statutes regarding the Statute of Limitations on past due debts. Only an attorney licensed in the State of Delaware can provide you with legal advice regarding this very important law and how it might apply to you.
A statute of limitations is a law that sets forth the maximum period of time, when there has been no confirmation of the debt by the debtor and no attempt by the creditor to collect, that legal proceedings can be instituted. For debt, the statutes limitation apply to the maximum period of time that the consumer has not made a payment. Each state has a different time for delinquency before the statute of limitations applies. During a time of non-payment there are certain events that can “toll” the statute of limitations. Your debt relief attorney can give you advice regarding what can “toll” the statute.
Various contracts and accounts have different time periods. They are:
Written Contracts—3 years
Oral Contracts—3 years
Open Accounts (Credit Cards)—4 years
In some instances where applicable if the statute of limitations is properly claimed it can be a complete bar to collection of the debt.