Delaware Code

10 Del. C. § 8115 (2026)

Forfeiture under penal statute

✓ current as of May 2026

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No civil action for a forfeiture upon a penal statute, whether at the suit of the party aggrieved, or of a common informer, or of the State, or otherwise, shall be brought after the expiration of 1 year from the accruing of the cause of such action.

Code 1852, § 2749; Code 1915, § 4678; Code 1935, § 5136; 10 Del. C. 1953, § 8114;

Notes of Decisions

Cited in 3 cases, 1974–2020 · leading case: Gregorovich v. E.I. Du Pont De Nemours, 602 F. Supp. 2d 511 (D. Del. 2009).

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Gregorovich v. E.I. Du Pont De Nemours, 602 F. Supp. 2d 511 (D. Del. 2009). “10 Del. C. § 8115. A claim for civil penalties for unreasonable delay in providing pension documents accrues when (1) a plaintiff makes a demand for information to which he is entitled under ERISA; and (2) the defendant fails to supply the requested information within thirty…”

Yorden v. Flaste, 374 F. Supp. 516 (D. Del. 1974). “Also, while the Court has asked counsel to brief the question whether Mayrene Reed’s status as a mental patient tolls the statute of limitations (see, 10 Del.C. § 8115), there does not appear to be sufficient evidence to make a reliable finding.”

State v. Boone (Del. Super. Ct. 2020). · cites it 2× “2004) (quoting 10 Del. C. § 8115) (applying 10 Del. C. § 8115 to a return of property application, whereby “the statute requires that an action for forfeiture upon a penal statute must be filed within one year ‘from the accruing of the cause of action.”

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