What Is the Statute of Limitations for Fraud in Delaware?
In Delaware, the statute of limitations for fraud is generally 3 years under 10 Del. C. § 8106(a).
Fraud Deadlines in Delaware
How long do you have to file a fraud claim in Delaware?
In Delaware, the statute of limitations for fraud is generally 3 years under 10 Del. C. § 8106(a).
When does the clock start for fraud in Delaware?
Three years, running from discovery of the fraud.
Can the Delaware deadline for fraud be extended?
Delaware has an unusually developed body of tolling doctrine — inherently unknowable injury, fraudulent concealment, and equitable tolling — because of its prominence as a corporate jurisdiction. Those doctrines matter more here than the bare three years.
Is the deadline different if the claim is against the government in Delaware?
Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. Section 8124 requires notice of a claim against a municipality within one year of the occurrence. The County and Municipal Tort Claims Act, 10 Del. C. ch. 40, governs governmental immunity and limits the categories of claim that may be brought at all. Not conf…
How does Delaware compare to other states for fraud?
Delaware's 3 years is in the middle of the range nationally. Across the 46 jurisdictions with a verified figure, the deadline for fraud ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →
What Does Fraud Cover?
Situations that typically fall under the fraud deadline in Delaware:
