What is Delaware’s civil penal-forfeiture limitation period?

Use a civil action for forfeiture upon a penal statute in Superior Court after independently establishing that classification and accrual. Use an event after June 30, 2020 with no applicable toll or alternative period.

The statute covers suit by the aggrieved party, a common informer, the State or otherwise. Identity of the claimant does not alone establish a different period.

Read the underlying penal statute and its remedy. A claim for damages or a criminal prosecution is not automatically the civil forfeiture described here.

Section 8106’s general statutory-action classification and section 8129’s State tax-collection period address different causes of action.

1. Use a civil action for forfeiture upon a penal statute in Superior Court after independently establishing that classification and 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.

Fictitious example

Use a civil action for forfeiture upon a penal statute in Superior Court after independently establishing that classification and accrual. Use an event after June 30, 2020 with no applicable toll or alternative period. Fictitious established facts. Use a civil action for forfeiture upon a penal statute in Superior Court after independently establishing that classification and accrual. Use an event after June 30, 2020 with no applicable toll or alternative period. The selected event is August 2, 2026. No additional actual closure, toll, agreement or different statutory branch applies.

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.

Civil remedy classification

Establish forfeiture upon a penal statute before using this one-year component.

Underlying law

Review any specific limitation, accrual or remedy condition in the underlying instrument independently.

Savings inquiry

A qualifying previously commenced action invokes the separate section 8118 conditions, not an automatic extra year.

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.

• 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.

• Use a civil action for forfeiture upon a penal statute in Superior Court after independently establishing that classification and accrual. Use an event after June 30, 2020 with no applicable toll or alternative period.
• The statute covers suit by the aggrieved party, a common informer, the State or otherwise. Identity of the claimant does not alone establish a different period.
• Read the underlying penal statute and its remedy. A claim for damages or a criminal prosecution is not automatically the civil forfeiture described here.
• Section 8106’s general statutory-action classification and section 8129’s State tax-collection period address different causes of action.
• Establish forfeiture upon a penal statute before using this one-year component.
• Review any specific limitation, accrual or remedy condition in the underlying instrument independently.
• A qualifying previously commenced action invokes the separate section 8118 conditions, not an automatic extra year.
• Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately. Superior Court Rule 3(a) requires the initiating complaint and praecipe, with applicable filing requirements. For covered electronic filing, Administrative Directive 2007-6 procedure 6(a) uses successful transmission recorded by 11:59 p.m. Eastern Time. Preserve transmission and acceptance, including any rejection and timely correction. Filing does not itself complete service of original process. Chancery Rule 5(d) separately uses midnight for an original complaint or specified expedited papers and 5:00 p.m. for other ordinary papers. Do not import that different filing boundary into Superior Court.