Legal term
What is a statute of limitations, and how long do you have to sue?
Key points
- What it is
- The deadline to start a lawsuit. In California, you'll generally lose your case if you sue after it has passed.
- Contracts
- A written contract: 4 years in California, 5 in Florida and 6 in New York. Texas gives 4 years for a debt.
- Injuries
- Personal injury: 2 years in California and Texas, and in Florida for negligence; 3 years in New York.
- Government
- Suing a public agency? A written claim or notice often comes first: within 6 months of an injury in California and Texas, and 90 days for many claims in New York.
A statute of limitations is the deadline to start a lawsuit. You have to sue within a set time after something happens, such as a broken agreement, an accident or an unpaid debt. California's courts put it simply: you'll generally lose your case if you try to sue after the deadline has passed. Each state sets its own deadlines, and each type of claim has its own.
Below: the deadlines in California, Texas, Florida and New York side by side, when the clock starts and when it pauses, debt, raising the deadline in court, claims against a government agency, other claims, and free help, each with its official sources.
What is a statute of limitations?
It is a time limit, set by law, for starting a case. New York's courts define it as the time period when a case must be started. Their example: New York has a 6-year deadline for breach of a written contract. If John did not honor a contract with Susan on January 1, 2010, Susan must file her lawsuit before January 1, 2016.
- Each claim has its own deadline. There are different deadlines depending on why, and sometimes who, you are suing. A broken contract, an injury, damaged property and a debt can each have a different period.California Courts
- After the deadline, the claim is time-barred. Once the deadline passes, the statute of limitations has run, the claim is time-barred, and the person can't sue. New York's courts note that very few conditions let the time period be extended.NY Courts, Ask a Law Librarian
- A time-barred debt can still be owed. In Texas, you still owe a time-barred debt, but creditors and debt buyers lose their most powerful way of collecting: a lawsuit. See the deadlines for debt.Texas State Law Library
Statute of limitations in California, Texas, Florida and New York
The main deadlines for four common civil claims. Each one runs from the day the claim arises, usually the day the contract was broken or the injury or damage happened; see when the clock starts.
| State | Written contract | Oral contract | Personal injury | Property damage |
|---|---|---|---|---|
| California | 4 years from the date it was broken. Code Civ. Proc. § 337 | 2 years from the date it was broken. § 339 | 2 years from the injury. § 335.1 | 3 years from the date of the damage. § 338 |
| Texas | 4 years for a suit on a debt, and for any claim with no other set period. Civ. Prac. & Rem. Code §§ 16.004, 16.051 | 4 years for a suit on a debt, and for any claim with no other set period. §§ 16.004, 16.051 | 2 years. § 16.003 | 2 years for injury to property, or for taking or keeping it. § 16.003 |
| Florida | 5 years. Fla. Stat. § 95.11(2)(b) | 4 years, including store accounts. § 95.11(3)(j) | 2 years if based on negligence; 4 years for assault, battery and other intentional torts. § 95.11(5)(a), (3)(n) | 2 years if based on negligence; 4 years for taking, detaining or injuring personal property. § 95.11(5)(a), (3)(g) |
| New York | 6 years for a contract claim. CPLR 213(2) | 6 years: the rule covers any contract claim, express or implied. CPLR 213(2) | 3 years. CPLR 214(5) | 3 years. CPLR 214(4) |
These are the general rules, and each has exceptions. Some claims have different deadlines, such as claims against a government agency or for medical malpractice. Other states set their own periods: start with your state court's self-help website.
When does the statute of limitations start?
Usually on the day the claim arises; the law says the day the cause of action accrues. For example, the day an agreement is broken, a payment is missed, or an injury or damage happens. Florida's law says a cause of action accrues when the last element constituting the cause of action occurs.
- Found out later? In California, if the injury or damage wasn't discovered right away, the deadline generally starts counting from when it was discovered or should reasonably have been discovered. California's courts say these situations can be complicated, and suggest talking to a lawyer if you need this rule to meet the deadline.California Courts
- Fraud. In Florida, the deadline for fraud runs from when the facts were discovered or should have been discovered, but the case must be started within 12 years after the fraud. In New York, it is the greater of 6 years from the fraud or 2 years from when it was, or could with reasonable diligence have been, discovered.Fla. Stat. § 95.031(2)(a) · CPLR 213(8)
- Debts. For a debt, the clock usually starts when you miss a payment. See the deadlines for debt.Federal Trade Commission
When the deadline can be paused or extended
Some laws stop the clock for a while, so that period of time doesn't count against your deadline. This is called tolling. California's courts give the example of a person bringing the case who is a minor: when the minor turns 18, the clock starts running again.
- California: minors. If the person entitled to sue was under the age of majority when the claim arose, that time is not part of the deadline. This does not apply to claims that must first be presented to a government agency.Cal. Code Civ. Proc. § 352
- Texas: under 18. If the person was younger than 18 when the claim arose, the time of that disability is not included in the limitations period. A disability that arises after the period starts does not suspend it.Tex. Civ. Prac. & Rem. Code § 16.001
- Florida: limited. A minor's claim is paused only while there is no parent, guardian or guardian ad litem, or while that person's interest is adverse to the minor. Even then, the case must be started within 7 years after the event. The clock also pauses while the person to be sued is out of the state, uses a false name or hides in the state, unless they can still be served. Other reasons don't pause it.Fla. Stat. § 95.051
- New York: infancy. The law calls being a minor infancy. If the claim arose while the person was a minor and the deadline is 3 years or more, it is generally extended to 3 years after they come of age. A shorter deadline is extended by the time they were a minor.CPLR 208(a)
Statute of limitations on debt
Debt collectors have a limited amount of time to sue you over a debt. After the statute of limitations runs out, the debt is considered time-barred, and it's against the law for a debt collector to sue you over it. How long the deadline lasts depends on the kind of debt and the law in your state, or the state named in the credit agreement.
- California: 4 years. The 4-year period for written contracts also covers a book account. Once it has run, a person shall not bring suit or start an arbitration to collect the debt, and the period can be extended only under Section 360 of the Code of Civil Procedure.Cal. Code Civ. Proc. § 337
- Texas: 4 years, with no restart for debt buyers. Texas law gives 4 years to sue over an unpaid debt. Since a 2019 change, a debt buyer may not sue or start arbitration after the deadline, and a payment, a reaffirmation or any other activity on the debt doesn't restart the clock.Texas State Law Library · Tex. Fin. Code § 392.307
- Florida: 5 years if written. A claim on a written contract or obligation has 5 years; one not founded on a written instrument, including store accounts, has 4. A promise to pay a debt that is already time-barred counts only if it is in writing and signed. A payment of principal or interest on a written obligation pauses the clock.Fla. Stat. §§ 95.11, 95.04, 95.051
- New York: 3 years for consumer credit. A case over a consumer credit transaction, where the purchaser, borrower or debtor is the defendant, must be started within 3 years. Once the deadline has passed, a later payment or a written or oral affirmation doesn't revive or extend it.CPLR 214-i
In some states, a payment or even a written acknowledgment that you owe the debt resets the clock, and a new period begins. To check whether a debt is time-barred, the Federal Trade Commission (FTC) suggests asking the collector what its records show about when you made your last payment. Then you can look up your state's deadline, or ask your state attorney general's office or a local legal aid office.
Who raises the statute of limitations?
The deadline is a defense, and it is up to the person being sued to raise it: in the written answer, in a motion to dismiss, or, in a debt case, at the hearing.
- California: list it in your Answer. A defense is a legal reason why the other side should lose, and one example is that the other side waited too long to sue you. This one is called running of the statute of limitations, and you need to list the specific statute of limitations that was not met.California Courts
- New York: plead it, or ask to dismiss. The rules list the statute of limitation among the matters a party shall plead. A party can also ask the court, before the answer is due, to dismiss a claim that can't go forward because of the statute of limitations.CPLR 3018(b), 3211(a)(5), 3211(e)
- Debt cases. If you do get sued over a time-barred debt, the FTC says to tell the judge that the statute of limitations has run out.Federal Trade Commission
Suing a government agency: a claim comes first
If you're suing a government agency, or someone who was working for one, the deadlines are different and there are other requirements. Often you must first send the agency a written claim or notice, by a much earlier deadline than the usual one.
- California: a claim within 6 months. Send a claim to the agency within 6 months of an injury to you or damage to something you own, or within 1 year for a broken contract or damage to your real estate. The government has 45 days to respond. If it denies the claim, you have 6 months from the date it mailed the rejection to sue; if it doesn't respond, you generally have up to 2 years from the injury date.California Courts · Cal. Gov't Code §§ 905, 911.2
- Texas: notice within 6 months. A governmental unit is entitled to notice of a claim within 6 months after the incident, describing the damage or injury and the time and place of the incident. A city's charter may require notice within its own period. No notice is needed if the governmental unit already had actual notice of the death, injury or property damage.Tex. Civ. Prac. & Rem. Code § 101.101
- Florida: a written claim, and a denial. Before suing the state or one of its agencies or subdivisions, you must present a written claim to the agency within 3 years. Except for claims against a municipality, county or the Florida Space Authority, the claim also goes to the Department of Financial Services. The claim must be denied in writing before you can sue. For wrongful death, the claim goes to the Department within 2 years.Fla. Stat. § 768.28(6)
- New York: a notice of claim in 90 days. Some claims against a public corporation, or its officers or employees, need a notice of claim before you can sue. Where the law requires one for an injury or other tort, it must be served within 90 days after the claim arises.N.Y. Gen. Mun. Law § 50-e
Other claims with their own deadlines
- Medical malpractice. California: 1 year from when you knew or should have known about the injury, or 3 years from the injury, whichever is earlier, and you must give the provider 90 days' notice before filing. Texas: 2 years from the breach or from the end of the treatment, and never more than 10 years. Florida: 2 years from the incident or its discovery, and generally no more than 4 years. New York: 2 years and 6 months from the act or the last continuous treatment.Cal. Code Civ. Proc. §§ 340.5, 364 · Tex. Civ. Prac. & Rem. Code § 74.251 · Fla. Stat. § 95.11(5)(c) · CPLR 214-a
- Libel or slander. 1 year in California and Texas, and 2 years in Florida.Cal. Code Civ. Proc. § 340(c) · Tex. Civ. Prac. & Rem. Code § 16.002 · Fla. Stat. § 95.11(5)(h)
- Texas: a contract can't cut it below 2 years. A contract may not limit the time to sue on it to a period shorter than two years; a shorter period is void in Texas. The rule does not apply to some agreements to sell or buy a business, where the price is not less than $500,000.Tex. Civ. Prac. & Rem. Code § 16.070
Job discrimination, unpaid wages and workplace injuries have their own deadlines and steps, covered in Filing a discrimination charge, Unpaid overtime and Workers' comp after an injury.
How to work out your deadline
- Write down the key dates. When the agreement was broken or the injury or damage happened, when it was discovered, and, for a debt, the date of the last payment.
- Name the type of claim. A written or oral contract, a personal injury, damage to property, a debt, or something else. Each can have its own deadline.
- Find your state's rule. Start with the table above. For other claims, most of California's deadlines are in Code of Civil Procedure sections 312 to 366. Texas lists them in Chapter 16 of the Civil Practice and Remedies Code, and Florida in Chapter 95 of the Florida Statutes.
- Check for exceptions. A late discovery, a minor, a payment on a debt or a claim against a government agency can change the deadline. See pauses and extensions and government claims.
- Get help if you are unsure. See free help.
Free help, and when to talk to a lawyer
Working out a deadline can be hard, especially with tolling or a late discovery. California's courts suggest talking to a lawyer if you think your deadline has passed or that tolling might apply: a lawyer can figure out your deadline or give you advice.
- California: the courts' self-help guide. It has a page of common deadlines to sue someone, a list of civil defenses, and the steps for a claim against a government agency.California Courts
- Texas: the State Law Library. Its debt collection guide explains time-barred debts and links to the statutes.Texas State Law Library
- New York: Ask a Law Librarian. The courts' law librarians answer research questions, including what the statute of limitations is for a claim, and point to the CourtHelp statute of limitations chart.NY Courts, Ask a Law Librarian
- Old debts. The FTC suggests contacting your state attorney general's office or a local legal aid office to confirm the deadline on a debt.Federal Trade Commission
Common questions
What is a statute of limitations?
The deadline to start a lawsuit. You have to sue within a set time after something happens, such as a broken contract or an injury, and you'll generally lose your case if you sue after the deadline has passed. Criminal cases have their own deadlines, which this page doesn't cover.
How long do you have to sue someone?
It depends on the state and the type of claim. For a written contract: 4 years in California, 5 in Florida and 6 in New York; Texas gives 4 years for a debt. For a personal injury: 2 years in California and Texas, 2 years in Florida for negligence, and 3 years in New York. See the table.
What is the statute of limitations for breach of contract?
California: 4 years for a written contract and 2 years for an oral one. Texas: 4 years for a debt, or for any claim with no other set period. Florida: 5 years if the contract is written and 4 if not. New York: 6 years for a contract claim, express or implied.
What is the statute of limitations for personal injury?
Two years from the injury in California and Texas; in Florida, 2 years for negligence claims that arose after March 24, 2023; and 3 years in New York. Medical malpractice and claims against a government agency have their own deadlines. See other claims and government claims.
What is the statute of limitations on debt?
4 years in California for a written contract or a book account, and 4 years in Texas. In Florida, 5 years if the debt is founded on a written instrument and 4 if not. In New York, 3 years for a consumer credit transaction. Once the deadline passes, it's against the law for a debt collector to sue you over the debt, though you still owe it. See debt.
What happens if the statute of limitations has passed?
The claim is time-barred. If the other side sues anyway, the person being sued can raise the deadline as a defense, in the written answer or by asking the court to dismiss the claim. The side that sued late will generally lose. Some events, such as being a minor, can pause the clock. See who raises it.
Official sources
- California Courts Self-Help Guide: Deadlines to sue someone (statutes of limitations) courts.ca.gov
- California Courts Self-Help Guide: List of civil defenses (running of the statute of limitations) courts.ca.gov
- California Courts Self-Help Guide: Fill out the Answer form to respond courts.ca.gov
- California Courts Self-Help Guide: Ask a government agency to pay you (submit a claim) courts.ca.gov
- California Code of Civil Procedure § 337: four years for written contracts and book accounts; no suit on a time-barred debt leginfo.legislature.ca.gov
- California Code of Civil Procedure § 352: tolling for minors leginfo.legislature.ca.gov
- Texas Civil Practice and Remedies Code, Chapter 16: Limitations (§§ 16.001-16.070) legis.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 74: health care liability claims (§ 74.251) legis.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 101: Tort Claims Act notice (§ 101.101) legis.texas.gov
- Texas Finance Code § 392.307: debt buyers and time-barred consumer debt legis.texas.gov
- Texas State Law Library: Debt Collection, Time-Barred Debts sll.texas.gov
- Florida Statutes § 95.11 (2026): limitations other than for the recovery of real property flsenate.gov
- Florida Statutes § 95.031 (2026): computation of time (accrual, fraud) flsenate.gov
- Florida Statutes § 95.051 (2026): when limitations are tolled flsenate.gov
- Florida Statutes § 95.04 (2026): promise to pay a barred debt flsenate.gov
- Florida Statutes § 768.28 (2026): claims against the state and its agencies and subdivisions flsenate.gov
- Florida Statutes § 95.11 (2022): negligence was a four-year claim flsenate.gov
- Florida Senate: CS/CS/HB 837 (2023), Civil Remedies, effective March 24, 2023 flsenate.gov
- Florida HB 837 (2023), enrolled text: the § 95.11 change applies to causes of action accruing after the effective date (PDF) flsenate.gov
- New York CPLR 213: six years (contracts, fraud) nysenate.gov
- New York CPLR 214: three years (personal injury, injury to property) nysenate.gov
- New York CPLR 214-i: three years for consumer credit transactions nysenate.gov
- New York CPLR 214-a: medical, dental or podiatric malpractice nysenate.gov
- New York CPLR 208: infancy and insanity nysenate.gov
- New York CPLR 3018(b): affirmative defenses nysenate.gov
- New York CPLR 3211(a)(5), (e): motion to dismiss nysenate.gov
- New York General Municipal Law § 50-e: notice of claim nysenate.gov
- New York Courts, Ask a Law Librarian: What is the statute of limitations? nycourts.gov
- Federal Trade Commission: Debt Collection FAQs (time-barred debts) ftc.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.