Written Contract · Statute of Limitations
Deadline to Sue Over a Contract in Indiana
How long you have to sue over a broken written contract in Indiana, the statute of limitations, plus when the clock starts, the shorter deadline for oral contracts, and the four-year UCC rule for a sale of goods. Cited to the statute.
How the deadline works in Indiana
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for oral contracts and a sale of goods.
| How the clock works | In Indiana | What it means |
|---|---|---|
| Standard deadline | 10 years | The general limitations period to file a written-contract claim. |
| Statute | Indiana Code §34-11-2-11 | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
The clock generally starts when the breach occurs, not when you discover it. Indiana measures ordinary contract claims from the date the cause of action accrues, which for a broken contract is usually the breach itself.
Discovery rule Yes
Limited. Indiana applies a discovery rule so a cause of action accrues when the plaintiff knew or should have known of the injury, but for an ordinary contract the injury is usually the breach itself. Treat delayed discovery as the exception, not the norm.
Statute of repose: None
No general statute of repose for ordinary written contracts. The ten-year period under §34-11-2-11, or the six-year period under §34-11-2-9 for a contract to pay money, runs from accrual. Construction and improvements to real property carry their own outer limits that are not the general contract clock.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Written contract for the payment of money | 6 years | A promissory note, account, or other written contract for the payment of money carries only six years under Indiana Code §34-11-2-9, not the ten-year period. This is the single biggest trap in Indiana because so many written deals are money obligations. |
| Oral or unwritten contract | 6 years | An action on an oral contract or unwritten account must be filed within six years under Indiana Code §34-11-2-7, four years shorter than the ten-year written period for non-money contracts. |
| Sale of goods (UCC) | 4 years | A sale of goods runs on Indiana Code §26-1-2-725: four years from when the breach occurs, with warranty claims accruing at delivery regardless of your knowledge. Parties may agree to shorten it to no less than one year but may not extend it. |
What you can do right now
Concrete, neutral steps if a contract was broken in Indiana and the clock is running. This is legal information, not legal advice.
- Decide whether the contract is one to pay money
This is the first question in Indiana. A written contract for the payment of money carries six years under §34-11-2-9, while other written contracts carry ten under §34-11-2-11. Misjudging this can cost you four years.
- Fix the breach date and confirm the writing
Write down when the other side broke the agreement and confirm you have a signed writing. An oral contract is only six years under §34-11-2-7, so the paper trail and the type of obligation both matter.
- If goods were sold, check the UCC clock
A sale of goods runs on Indiana Code §26-1-2-725, a four-year rule that accrues at delivery for warranty claims. Confirm whether your deal is a sale of goods rather than a services or general contract.
- Talk to an Indiana attorney before the deadline
Whether your written contract is one to pay money, and when it accrued, can turn a ten-year claim into a six-year one. A licensed Indiana attorney can confirm your exact deadline, and the Indiana State Bar can refer you to one.
This is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Indiana contract claimants get wrong
Indiana looks generous and then springs a trap. A written contract carries ten years under Indiana Code §34-11-2-11, but a written contract for the payment of money carries only six years under §34-11-2-9, and an oral contract carries six years under §34-11-2-7. So the real question is not just written versus oral, it is whether your written deal is an obligation to pay money. Many everyday agreements, from promissory notes to written accounts, fall into the six-year bucket even though they are fully in writing. Indiana courts and commentators have wrestled with which section governs which contract, so the ten-year figure is not a safe assumption for a money debt. The clock generally starts at the breach, not at discovery, though a narrow discovery rule can apply where the injury was not reasonably knowable. A sale of goods runs on its own four-year rule in §26-1-2-725. If a breach is aging, classify the contract before you rely on ten years.
Common questions
What is the statute of limitations on a written contract in Indiana?
Generally ten years under Indiana Code §34-11-2-11, but a written contract for the payment of money carries only six years under §34-11-2-9. The clock usually runs from the breach.
Why do some written contracts get only six years in Indiana?
Because §34-11-2-9 sets a six-year period for a written contract for the payment of money, such as a promissory note or account. Only written contracts that are not money obligations get the ten-year period under §34-11-2-11.
How long do I have to sue on an oral contract in Indiana?
Six years, under Indiana Code §34-11-2-7, the same period as a written contract to pay money and four years shorter than the ten-year period for other written contracts.
Is a contract to buy goods still ten years in Indiana?
No, it is four years under the UCC. A sale of goods is governed by Indiana Code §26-1-2-725, a four-year period that accrues at delivery for warranty claims regardless of your knowledge. Parties can shorten it to no less than one year.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.