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United States · Delaware limitation periods

What is Delaware’s period for an enumerated officer’s official obligation?

Section 8104 gives three years from accrual for the official obligations of its listed State and county officers, against the principal or sureties.

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Period
3-year section 8104 official-obligation component
Trigger
Established accrual on the enumerated officer’s official obligation
Rule
10 Del. C. § 8104
10 Del. C. § 8104

Current official Delaware Code text and separately identified 2026 court rules reviewed. Establish historical applicability independently.

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Which event controls this 10 Del. C. § 8104 inquiry?

Use a Superior Court action on the official obligation of an officer actually listed in section 8104, with independently established accrual. Use an event after June 30, 2020 with no applicable toll or alternative period.

The list includes the State Treasurer, Secretary of State, county treasurer, register of wills, recorder of deeds, Prothonotary, Clerk of the Peace, Register in Chancery, collector and constable.

The text reaches either the principal or sureties. Preserve the obligation and the capacity in which each defendant is sued.

Sheriff recognizances, guardian obligations and escheator obligations have separate sections 8101, 8102 and 8105. Do not generalize this three-year component to every public bond.

10 Del. C. § 8104

How is this disclosed component counted?

  1. Use a Superior Court action on the official obligation of an officer actually listed in section 8104, with independently established accrual. Use an event after June 30, 2020 with no applicable toll or alternative period.
  2. Exclude the established event day under Superior Court Civil Rule 6(a). Count the stated calendar years or months under 1 Del. C. § 302(13), (24). Intermediate weekends and holidays remain inside these long periods. Apply the eligible final-day rule after the calendar interval.
  3. Check the actual final holiday, court closure and county-specific availability.
  4. Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately.

For the disclosed Superior Court branch, Rule 6(a) excludes the event day and rolls a final Saturday, Sunday, legal holiday or Prothonotary closure to the next open day. Common Pleas Rule 6(a) supplies its own equivalent final-day treatment for the disclosed forcible-entry branch. Section 501 defines statutory holidays and weekend observance. Sunday July 4, 2027 is observed on Monday July 5. Sussex County Return Day is a separate half-day holiday in general-election years; the bundled calendar does not determine that county’s filing availability. Check actual closures and declared holidays separately.

These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.

Superior Court Civil Rules 3(a), 6(a), 79.1

What does an independently derived example show?

Fictitious example

Use a Superior Court action on the official obligation of an officer actually listed in section 8104, with independently established accrual. Use an event after June 30, 2020 with no applicable toll or alternative period. Fictitious established facts. Use a Superior Court action on the official obligation of an officer actually listed in section 8104, with independently established accrual. Use an event after June 30, 2020 with no applicable toll or alternative period. The selected event is August 2, 2024. No additional actual closure, toll, agreement or different statutory branch applies.

Example counting steps
StepWhat is countedDate
Established eventEstablished accrual on the enumerated officer’s official obligationAugust 2, 2024
Disclosed statutory component3-year section 8104 official-obligation componentAugust 2, 2027
Example resultAugust 2, 2027

Fictitious established facts. This result applies only to the disclosed component. It does not decide accrual, classification, tolling, contractual terms, historical applicability or whether the required act occurred.

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Which qualifications change this inquiry?

Enumerated officer
Match the actual officer and official obligation to the statutory list.
Sheriff recognizance
Section 8101 separately states its six-year accrual period for the sheriff’s recognizance. It is not this listed-officer branch.
Guardian and escheator
Sections 8102 and 8105 use different periods or events for those separate obligations.
Historical statutory and emergency scope
These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.
10 Del. C. § 8104
  • Establish the applicable edition and actual legal facts independently.
  • The disclosed calculation does not resolve a different statutory branch, a foreign shorter period or an unmodeled toll.

Which facts and completed acts should be preserved?

Questions about 10 Del. C. § 8104

What is Delaware’s period for an enumerated officer’s official obligation?

Do sureties use the same listed period?

Section 8104 expressly applies against either the principal or sureties on the described obligation.

10 Del. C. § 8104

Does this cover every official bond?

No. Confirm the listed officer and compare the separately prescribed obligations.

10 Del. C. § 8104

Does cessation of office always start these three years?

Section 8104 uses accrual. Other official-obligation provisions use their own events.

10 Del. C. § 8104

Official Delaware sources and review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
10 Del. C. § 8104This particular statutory procedure and its conditions
10 Del. C. § 8101The individually identified statutory or judicial qualification
10 Del. C. § 8102The individually identified statutory or judicial qualification
10 Del. C. § 8105The individually identified statutory or judicial qualification
10 Del. C. § 8121The individually identified statutory or judicial qualification
10 Del. C. § 8117The individually identified statutory or judicial qualification
Delaware Supreme Court Administrative Order 7, June 5, 2020, paragraph (7)The historical extension window and calculator coverage qualification
1 Del. C. § 302(13), (24)Calendar-month and calendar-year definitions
1 Del. C. § 501(a)–(c)Statutory holidays, observed dates and county-specific Return Day
Superior Court Civil Rules 3(a), 6(a), 79.1Superior Court commencement and final-day computation
Superior Court Administrative Directive 2007-6, procedure 6(a)Successful recorded Superior Court transmission by 11:59 p.m. Eastern Time
Court of Chancery Rules 5(d), 6(a)Different Chancery electronic deadlines and court-rule scope
Read the official provision

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