Ind. Code § 34-11-2-11
Breach of Contract - Written
Failure to follow the terms of a written agreement.
Statute of Limitation in Indiana
The statute of limitations for filing a claim for breach of a written contract is typically ten years from the date of the breach.
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Exceptions & Conditions
An exception occurs if the parties agree to a different limitation period within the contract, which can modify the standard timeframe. Additionally, if the breach involves fraud or concealment of the breach, this may toll the statute of limitations. Contact an attorney.
Example Scenario
If a breach of a written contract occurs on May 1, 2023, the claim must be filed by May 1, 2033.
Understanding Statutes of Limitations in Indiana
The statute of limitations for breach of contract - written in Indiana acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Indiana state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for breach of contract - written after the 10-years period has expired, the defendant will likely file a motion to dismiss the case. In Indiana, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Indiana law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Indiana serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (10 years in this instance), potential liability is extinguished.
Can this be resolved in Indiana Small Claims court?