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  1. #1
    Join Date
    Feb 2005
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    Default Statute of Limitations on Credit Card Debt in Delaware

    Anyone know, off hand, what the statute of limitations is on credit card debt in Delaware?

  2. #2
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    Default Re: Statute of Limitations on Credit Card Debt in Delaware

    It appears to be three years.

  3. #3
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Statute of Limitations on Credit Card Debt in Delaware

    Yep - same info I have - 3 yrs. SOL for credit card debt De.

  4. #4
    Join Date
    Feb 2005
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    116

    Default Re: Statute of Limitations on Credit Card Debt in Delaware

    First off, thanks for the replies!

    I've been looking at some websites recently and they claim that the statute of limitations on credit card accounts is 4 years!? Now I'm confused!

    To make my confusion even worse, this website says it's 3 years: http://www.bcsalliance.com/y_debt_sol.html

    Yet, when you click on the "more" link for Delaware, it takes you to this page which says it's 4 years?
    http://www.bcsalliance.com/debt1_delaware.html

    Does anyone have a link to the actual statute?

  5. #5
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Statute of Limitations on Credit Card Debt in Delaware

    Here are the statutes which appear to govern:
    Quote Quoting 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.

    § 8108. Mutual running accounts.

    In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current.

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