Delaware Debt Collection Laws
How long a creditor can sue you in Delaware, how much of your paycheck is protected, and where to get help.
Delaware debt rules at a glance
The key numbers. Details and the exact law are below.
How long can a creditor sue you in Delaware?
3 years for most debts
An action to recover a debt not evidenced by a record or an instrument under seal must be brought within three years.
How much of your paycheck can be garnished?
85% of your wages are protected
Delaware exempts 85% of wages for Delaware residents from attachment, except for fines, costs or taxes owed to the state. Only one attachment can be made on any amount of wages due.
What debt collectors can't do in Delaware
Federal debt collection rules
Debt collectors everywhere must follow the federal Fair Debt Collection Practices Act and the CFPB's Regulation F. A collector may not sue or threaten to sue you on a debt that is past the time limit.
Collectors can't sue on expired debt
Under the federal debt collection rule (Regulation F), a debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt, meaning a debt whose statute of limitations has run out.
When a debt collector contacts you
A practical order of operations.
Don't pay or promise anything on the first call
Ask for the collector's name, company, mailing address and the amount they claim. In some states a payment or promise can affect an old debt, so check the rules above first.
Ask for validation in writing
Federal law gives you the right to a validation notice listing the debt, the creditor and your right to dispute. Dispute in writing within the validation period if the debt isn't yours or the amount is wrong.
Check the date of your last payment
Compare it with your state's time limit above. If the time limit has passed, a collector may not sue or threaten to sue you.
Never ignore a lawsuit
If you are served with court papers, respond by the deadline, even on an old debt. Being out of time is usually a defense you have to raise in court. Legal aid can help.
Report abuse
Threats, harassment and calls at odd hours break federal and state law. File complaints with your state regulator and the CFPB (links below).
Free help in Delaware
Government complaint lines and nonprofit counseling. Be wary of anyone who charges upfront fees to settle debt.
Delaware Attorney General - Consumer Protection
File a complaint: attorneygeneral.delaware.gov
CFPB complaint
File a complaint about a debt collector with the Consumer Financial Protection Bureau: consumerfinance.gov/complaint
Nonprofit credit counseling
Find an NFCC member agency: NFCC agency finder. If you are considering bankruptcy, use an agency on the U.S. Trustee approved list.
Links checked September 24, 2026.
Sources
Every rule on this page comes from these laws and official resources, checked on September 24, 2026. Read the current text before you act.
Primary sources
- 10 Del. C. 8106 - three-year limit (chapter 81)
- 10 Del. C. 4913 - wage exemption (chapter 49)
- Delaware Attorney General - consumer complaint
- 12 CFR 1006.26 - Collection of time-barred debts (Regulation F)
- 15 U.S.C. 1673 - Federal limit on wage garnishment
- CFPB - Debt collection help
- FTC - Debt collection FAQs
Debt collection laws in other states →
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