Delaware Complaint for Past Due Promissory Note

State:
Multi-State
Control #:
US-01126BG
Format:
Word; 
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Description

The form is a complaint for a default on payments due pursuant to a promissory note. The complaint adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

§ 8106. Specific organizations and purposes. (a) No real property owned and used by the organizations listed below or for the purposes stated below, except that which is held by way of investment, shall be liable to taxation and assessment for public purposes by any county or other political subdivision of this State.

(c) Notwithstanding anything to the contrary in this chapter (other than subsection (b) of this section) or in § 2-725 of Title 6, an action based on a written contract, agreement or undertaking involving at least $100,000 may be brought within a period specified in such written contract, agreement or undertaking ...

One of the complete defenses to defamation is truth. ' Another defense to defamation is the statute of limitations, which is two years in Delaware.

Under Delaware law negligent misrepresentation consists of four elements: ?(1) the existence of a pecuniary duty to provide accurate information; (2) the supplying of false information; (3) that the defendant failed to exercise reasonable care in obtaining or communicating the information; and (4) that the plaintiff ...

Delaware courts generally award ?expectation damages? for a breach of contract, which ?are calculated by (1) the loss to the non-breaching party (2) plus any loss, including incidental or consequential loss, caused by the breach (3) less any cost or other loss that the non-breaching party avoided by not having to ...

In Delaware, the statute of limitations on debts is as follows: Open and closed contracts have a limit of 3 years from the date the debt is unpaid. Promissory notes have a limit of 6 years.

(a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in ...

§ 2253. Right of rescission. (a) A title loan borrower may rescind a title loan for any reason up to the end of the business day following the day on which proceeds of the loan were disbursed to the borrower.

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Delaware Complaint for Past Due Promissory Note