Delaware SCRA Law: 6% Cap, $10,000 AG Penalty, 30-Day Lease Exit

Delaware’s own Servicemembers Civil Relief Act sits in Title 6 of the Delaware Code, chapter 25D, sections 2501D through 2513D. Its sharpest tool is § 2513D: if a court finds a creditor, landlord, or anyone else violated the chapter, the Attorney General can recover up to $10,000 per violation, and a willful violation counts again every day it continues. Every section quoted below was read on the Delaware Code Online on November 8, 2026. For what the federal law does everywhere, start with what the SCRA is; this page covers only what Delaware wrote itself.

Who chapter 25D covers

Section 2502D defines a servicemember as a resident of Delaware, or a person stationed in Delaware, who is a member of the Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard, the NOAA or Public Health Service commissioned corps, or the Delaware National Guard. A lawyer or someone holding your power of attorney counts as you. “Court” includes any Delaware court or administrative agency, so the chapter reaches a Justice of the Peace landlord case and an agency hearing as well as Superior Court.

“Military service” follows the federal definition for active duty and for Guard members on federally funded 32 U.S.C. § 502(f) orders over 30 consecutive days. It adds one category federal law does not have: a Delaware Guard member called to state duty by the Governor under 20 Del. C. § 171 for more than 30 consecutive days.

The catch. Section 2512D orders the Governor to adopt regulations creating a process to notify creditors and others when Guard members go on state duty, and says that until those regulations are implemented, the state-duty clause “shall be of no force and effect.” The section points to ”§ 2502D(2)d.”, but the state-duty clause now sits at § 2502D(3)d after the definitions were renumbered. We could not confirm on November 8, 2026 whether the notification regulation has been adopted, because the Delaware Administrative Code site did not load for automated checks. If you are on a long state activation, ask the Delaware National Guard staff judge advocate whether the process exists before you rely on chapter 25D for those orders. The federal Guard and Reserve coverage guide explains which orders the federal act covers on its own.

What a Delaware court must do before a default judgment

Section 2503D applies to any civil case, child custody included, where you do not appear.

Statute text read November 8, 2026. The reopening window matches the federal one in 50 U.S.C. § 3931(g). Once you know about the case, § 2504D gives you a stay of at least 90 days if you send a letter explaining how duty keeps you from appearing, with the date you can appear, plus a commanding officer’s letter saying leave is not authorized. If the court refuses an extra stay, it must appoint counsel. Section 2506D lets the court stop a garnishment or execution of a judgment, and § 2507D lets stays run for your service plus 90 days. The default judgment guide and the stay of proceedings guide walk through the motions.

The 6% cap and the DMDC trap

Section 2509D caps interest at 6% on debts you, or you and your spouse jointly, took on before service. The cap lasts for your service on most debts and for your service plus one year on a mortgage. Interest above 6% is forgiven, and your monthly payment must drop by the forgiven amount. Fees, service charges, and renewal charges count as interest.

To get it, send the creditor written notice and a copy of your orders no later than 180 days after you leave service. The cap then applies back to the date you were called up. The rate cap guide covers the math, and the letter generator drafts the notice.

Send that notice in writing even if the lender says it checks the Defense Department database. Under § 2511D, a creditor that relied on a DMDC certificate showing you were not in service, and had no written notice from you, only has to give the benefit back retroactively. It owes no penalty and no damages. Your written notice is what puts the creditor on the hook.

The $10,000-per-violation enforcement

Section 2513D gives the Attorney General the same enforcement authority it has under Delaware’s consumer-fraud statutes. After a court finds a violation, the Attorney General recovers costs plus a civil penalty of up to $10,000 per violation. A violation is “wilful” when the party knew its conduct was prohibited, and each day a willful violation continues is a separate violation. A lender that keeps charging 18% for three months after receiving your orders is a very different risk under that rule than under a one-time fine.

The penalty is paid to the State, not to you. Your own money comes back through the refund the statute requires and any private claim; see suing a lender under the SCRA.

Leaving a lease: Delaware’s landlord-tenant code

Chapter 25D has no lease section. Delaware’s Residential Landlord-Tenant Code does. Under 25 Del. C. § 5314(b)(5), a tenant who “after the execution of such rental agreement, enters the military service of the United States on active duty” may end the tenancy on 30 days’ written notice. The 30 days begin on the first day of the month after the landlord actually receives the notice.

Worked example: your landlord receives your notice on March 10. The 30-day period starts April 1, so the tenancy ends at the close of April 30.

That rule covers joining, or being called to active duty, after you signed. It does not mention a PCS while already serving. For that, use federal 50 U.S.C. § 3955, which covers a PCS or a deployment of 90 days or more and applies in Delaware the same as anywhere. Run both dates through the lease termination calculator and use the earlier one; the apartment lease guide has the letter.

Taxes if you are stationed in Delaware

The Division of Revenue’s personal income tax FAQ (read November 8, 2026) answers the common case. A member stationed in Delaware whose legal residence is another state, with a part-time job in Delaware, files a Delaware non-resident return. All income goes in Column 1, the federal column, and only the part-time Delaware wages go in Column B, the Delaware-source column. Military pay is not Delaware income for that member. The rule behind that is in the SCRA tax provisions guide. Delaware’s treatment of retired pay is on the Delaware retirement tax page.

The panel below this article lists Delaware’s legal assistance office, court decisions, and the affidavit form.

Delaware, in order

1. Pre-service debt above 6%: mail written notice and your orders to each lender, citing 6 Del. C. § 2509D and 50 U.S.C. § 3937, within 180 days after release at the latest (letter generator). Keep proof of delivery.
2. Joined or called to active duty after signing a lease: give written notice under 25 Del. C. § 5314(b)(5), and count 30 days from the first of the next month.
3. Sued while serving: ask the court for a stay under § 2504D with your own letter and your commander’s letter. If a default slipped through, move to reopen within 90 days after release.
4. A lender or landlord keeps violating after notice: send copies of your notice and their response to the Delaware Department of Justice and cite § 2513D.
5. Delaware Guard on a state call-up over 30 days: ask your staff judge advocate whether the § 2512D notification process is in place before relying on chapter 25D.

The law behind this: 6 Del. C. ch. 25D

Delaware Servicemembers Civil Relief Act, §§ 2501D to 2513D: read the statute.