Written Contract · Statute of Limitations
Deadline to Sue Over a Contract in Louisiana
How long you have to sue over a broken written contract in Louisiana, 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 Louisiana
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 Louisiana | What it means |
|---|---|---|
| Standard deadline | 10 years | The general limitations period to file a written-contract claim. |
| Statute | La. Civ. Code art. 3499 | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
Prescription generally begins to run when the cause of action arises, which for a broken contract is usually the breach. Louisiana recognizes contra non valentem, a doctrine that can suspend prescription where the claimant could not reasonably have known of the claim, but the default is that the ten years runs from the breach.
Discovery rule Yes
Limited. Louisiana applies contra non valentem, a judge-made doctrine that suspends prescription where the claimant could not reasonably have discovered the claim or was prevented from acting. It functions like a narrow discovery rule, but the default under art. 3499 is that prescription runs from the breach.
Statute of repose: None
Louisiana uses peremption rather than a common-law statute of repose. There is no general peremptive period for an ordinary contract, so the ten-year prescription under art. 3499 is the main limit. Certain specialized claims, such as some construction and professional claims, carry their own peremptive periods.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Oral contract | 10 years | Louisiana does not shorten oral contracts. As a civil-law state it does not distinguish written from oral agreements for prescription, so an oral contract generally carries the same ten-year prescription under art. 3499 as a written one. |
| Open account, money lent, or unpaid services | 3 years | A three-year liberative prescription applies to actions on an open account, on money lent, for arrearages of rent, and for compensation for services under La. Civ. Code art. 3494. Many everyday money claims fall here, not under the ten-year article, so this is the biggest trap in Louisiana. |
| Sale of goods and hidden defects | Special | Louisiana is the only state that did not adopt UCC Article 2, so there is no four-year sale-of-goods period. A contract claim on a sale runs on the ten-year prescription of art. 3499, while a hidden-defect redhibition claim runs under La. Civ. Code art. 2534, which sets four years from delivery or one year from discovery of the defect. |
What you can do right now
Concrete, neutral steps if a contract was broken in Louisiana and the clock is running. This is legal information, not legal advice.
- Identify what kind of claim you really have
In Louisiana the general contract prescription is ten years under art. 3499, but an open account, money lent, or unpaid services claim is only three years under art. 3494. Classifying the claim correctly is the first and most important step.
- Fix the date the cause of action arose
Prescription generally runs from the breach. Louisiana can suspend it under contra non valentem where you could not reasonably have known of the claim, but do not count on that. Treat the breach date as your starting point.
- For a defective product, look to redhibition
Louisiana did not adopt UCC Article 2, so a hidden-defect claim runs under art. 2534, which sets four years from delivery or one year from discovery. Confirm whether your claim is a contract breach or a redhibition claim.
- Talk to a Louisiana attorney before prescription runs
Whether your claim falls under the ten-year article, the three-year article, or redhibition turns on your facts. A licensed Louisiana attorney can confirm your exact prescriptive period, and the Louisiana State Bar Association 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 Louisiana contract claimants get wrong
Louisiana does not work like the other states, and assuming it does is the trap. It uses liberative prescription, not a common-law statute of limitations, and as a civil-law state it does not split written from oral contracts. A personal action on a contract, written or oral, generally carries a ten-year prescription under La. Civ. Code art. 3499. So the written-versus-oral gap that dominates other states simply does not exist here. What replaces it is a different sorting problem. Many everyday money claims, including an open account, money lent, unpaid rent, or unpaid services, prescribe in only three years under art. 3494, not ten. And because Louisiana is the only state that never adopted UCC Article 2, there is no four-year sale-of-goods clock. A sale-contract claim runs on the ten-year article, while a hidden-defect redhibition claim runs under art. 2534 at four years from delivery or one year from discovery. If a claim is aging, classify it before relying on ten years.
Common questions
What is the deadline to sue on a written contract in Louisiana?
Generally ten years, under a liberative prescription rather than a statute of limitations. La. Civ. Code art. 3499 sets ten years for a personal action, and Louisiana does not distinguish written from oral contracts.
Do oral contracts get less time than written ones in Louisiana?
No. As a civil-law state, Louisiana treats written and oral contracts the same for prescription, so both generally carry the ten-year prescription under art. 3499.
Why might my contract claim be only three years in Louisiana?
Because art. 3494 sets a three-year prescription for actions on an open account, money lent, arrearages of rent, and compensation for services. Many everyday money claims fall under this shorter period rather than the ten-year article.
How does Louisiana handle a claim over defective goods?
Louisiana never adopted UCC Article 2, so there is no four-year sale-of-goods rule. A hidden-defect claim runs under redhibition in art. 2534, which sets four years from delivery or one year from discovery of the defect.
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.