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Does anybody know the SOL for the state of Delaware? I have "Googled" it and have gotten inconsistent results showing both 3 years and 4 years for open accounts, which I believe is what credit card debt is considered. Does anybody know for sure what it is?

Thanks for your assistance.

4 years on Open Ended 3 years on Open, Oral and Written


Sub: #1 posted on Mon, 11/03/2008 - 18:02

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I believe it's 3 years. Here's the current statute:

Delaware Code, Courts and Judicial Procedure, Limitation of Actions ???? 8106. Actions subject to 3-year limitation.

No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, 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; subject, however, to the provisions of ???????? 8108-8110, 8119 and 8127 of this title.

Sub: #2 posted on Tue, 11/04/2008 - 00:47

novelist novelist

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