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DebtState Statutes > Delaware
Debt and Bankruptcy Laws -- Delaware
WAGE GARNISHMENT EXEMPTION:  85% of disposable earningsFederal law offers better deal for debtor

MAXIMUM INTEREST RATE: 

Legal:  Federal Reserve Discount Rate Plus 5%
Judgment:  Same as above

STATUTE OF LIMITATIONS ON ENFORCEMENT:

Open account (credit card): 4 years
Sale of Goods: 4 years
Written Contract: 3 years
Domestic / Foreign Judgment: None specified

Debt Kit has sample letters and techniques for dealing with debt collectors

BAD CHECK LAW DAMAGES:  Amount due plus litigation costs and protest fees

BANKRUPTCY PROPERTY EXEMPTIONS (Delaware Code Annotated):

You cannot claim federal exemptions, but you can claim the federal non-bankruptcy exemptions

The State of Delaware has exempted the property below from seizure by the bankruptcy court when filing bankruptcy.  Total exemptions are limited to $5,000 if single and $10,000 if married (husband and wife can double exemption amounts).

Real estate:  None (property is not exempt)
Personal property:  Property with a fair market value of $5,000 or less [10-4914]; bible, books and family pictures up to exemption limit [10-4902(a)]; burial plot up to exemption limit [10-4902(a)]; church pew or seat in place of worship up to exemption limit [10-4902(a)]; clothing and jewelry up to exemption limit [10-4902(a)]; sewing machines up to exemption limit [10-4902(c)]; any personal property (not tools of trade) if debtor is head of family up to $500 [10-4903]; pianos and leased organs up to exemption limit [10-4902(d)]; tools, implements and fixtures, up to $75 in New Castle and Sussex Counties and up to $50 in Kent County [10-4902(b)]
Insurance:  Annuity contract proceeds to $350 per month [18-2728]; health or disability benefits up to exemption limit [18-2726]; life insurance proceeds up to exemption limit [18-2725]; group life insurance policy or proceeds up to exemption limit [18-2727]; life insurance proceeds if policy prohibits from being used to pay creditors up to exemption limit [18-2729]
Pensions / Retirement Plans:  Kent County employees up to exemption limit [9-4316]; state employees up to exemption limit [29-5503]; volunteer firefighters up to exemption limit [16-6653]; and police and fire officers up to exemption limit [11-8803]
Public Benefits / Entitlements:  Unemployment compensation up to exemption limit [19-3374]; workers' compensation up to exemption limit [19-2355]; aid to aged, blind, disabled, and families with dependent children, general assistance up to exemption limit [31-513 and 31-2309]
Wages:  85% of earned but unpaid wages [10-4913]
Miscellaneous:  Business partnership property up to exemption limit [6-1525]

Bankruptcy Kit illustrates how above exemptions used to complete bankruptcy forms

Debt Kit -- Settle unsecured debts for less than half of amount owed
Credit Kit -- Improve credit score and reduce monthly bills by $200 +

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Debt Collection:  Frequently Asked Questions
What are time-barred debts?
Statute of Limitations on Debt Collection
State Statutes Re: Wage Garnishments
Federal Law Regulating Wage Garnishments
How Long Can a Creditor Enforce a Judgment?
How to Handle Abusive Debt Collectors
Recording Conversations with Debt Collectors
How to Get a Collector to Stop Calling You at Home and Work
State Statutes on Debt Collection
Fair Debt Collection Practices Act
Defending yourself in court against a creditor or debt collector
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