Delaware Code
10 Del. C. § 8120 (2026)
Setoff
✓ current as of May 2026
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This chapter shall apply to any debt alleged by way of setoff or counterclaim on the part of a defendant. The time of limitation of such debt shall be computed in like manner as if an action therefor had been commenced at the time when the plaintiff’s action commenced.
Code 1852, § 2754; Code 1915, § 4682; Code 1935, § 5140; 10 Del. C. 1953, § 8119;Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1960–2024 · leading case: Francis v. Pan Am. Trinidad Oil Co., 392 F. Supp. 1252 (D. Del. 1975).
Francis v. Pan Am. Trinidad Oil Co., 392 F. Supp. 1252 (D. Del. 1975). “The Delaware law that is analogous to the New York law to which the Second Circuit referred is 10 Del.C. § 8120. Under that statute, when a cause of action arises outside of Delaware, action cannot be brought in Delaware after expiration of whichever is shorter, the time limit…”
Hood v. McConemy, 53 F.R.D. 435 (D. Del. 1971). “10 Del.C. § 8120. Regardless of the nature of the plaintiffs’ action, the appropriate Delaware statute of limitations is the same as or shorter than its Pennsylvania counterpart.”
Leavy v. Saunders, 319 A.2d 44 (Del. Super. Ct. 1974). “By 10 Del.C. § 8120, Delaware has adopted a borrowing statute.”
Frombach v. Gilbert Assocs., Inc., 236 A.2d 363 (Del. 1967). “10 Del.C. § 8120, our Borrowing act, reads as follows: “Where a cause of action arises outside of this State, an action can not be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this…”
Lembert v. Gilmore, 312 A.2d 335 (Del. Super. Ct. 1973). “Accordingly, defendant’s motion to dismiss on the ground of the statute of limitations will be granted at the expiration of 10 days from the date of this opinion, unless prior thereto, plaintiffs shall file an amended complaint setting forth allegations showing that the statute…”
Levine v. Levine, 209 F. Supp. 564 (D. Del. 1962). “Defendant contends that the Delaware Statute of Limitations applicable to the facts of this case is as follows: “ * * * no action to recover a debt not evidenced by a record or by an instrument under seal [and] * * * no action based on a statute * * * shall be brought after the…”
Natale v. Upjohn Co., 236 F. Supp. 37 (D. Del. 1964). “10 Del.C. § 8120 provides: “Cause of action arising outside State “Where a cause of action arises outside of this State, an action can not be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the…”
Scalise v. Beech Aircraft Corp., 47 F.R.D. 148 (D. Del. 1969). “10 Del.C. § 8120 contains a special rule pertaining to causes of action arising outside of Delaware in favor of non-residents.”
Lunn v. United Aircraft Corp., 182 F. Supp. 12 (D. Del. 1960). “10 Del.C. § 8120 provides: “Where a cause of action arises outside of this State, an action can not be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this State, or the time limited by…”
Terramar Retail Centers, LLC v. Marion 2 Seaport Trust U/A/D/ June 21, 2002 (Del. Ch. 2019). “See 10 Del. C. § 8120 (“This chapter shall apply to any debt alleged by way of setoff or counterclaim on the part of a defendant.”
Coit Capital Sec., LLC v. Turbine Asset Holdings, LLC (Del. Super. Ct. 2019). “C. §§6501 et seq. means institution of an action to resolve a controversy: (1) involving the rights or other legal relations of the party seeking declaratory relief; (2) in which the claim of right or other legal interest is asserted against one who has an interest in contesting…”
Borne v. Reynold (Del. 2019). “8 We will not substitute our opinion for the inferences and deductions of the trial judge if those inferences are supported by the record.9 (10) Borne first argues that the Family Court abused its discretion when it granted Reynold’s motion to offset and allowed it to “disturb”…”
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