The statute of limitations for fraud is generally 2 years from discovery.

What is the statute of limitations for fraud in ALABAMA?

The statute of limitations for fraud in Alabama is 2 years.

In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action. Ala. Code § 6-2-3

The fraud statute would toll the running of the statute of limitations until a plaintiff discovered, or in the exercise of reasonable care, should have discovered the facts constituting the fraud. Brooks v. Franklin Primary Health Center, Inc., 53 So.3d. 932, 937-938 (Court of Civil Appeals 2010).

What is the statute of limitations for fraud in ALASKA?

The statute of limitations for fraud in Alaska is 2 years.

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.

The fraud limitations period does not begin to run until a reasonable person in like circumstances would have enough information to alert that person that he or she has a potential cause of action or should begin an inquiry to protect his or her rights. Bauman v. Day, 892 P.2d 817, 825-26 (Alaska 1995).

What is the statute of limitations for fraud in ARIZONA?

The statute of limitations for fraud in Arizona is 3 years.

There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions:

3. For relief on the ground of fraud or mistake, which cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Ariz. Rev. Stat. Ann. § 12-543

The statute of limitations begins to run when the party discovers or with reasonable diligence could have discovered the fraud. Mister Donut of America, Inc. v. Harris, 723 P. 2d 670, 672 (Ariz. 1986).

What is the statute of limitations for fraud in ARKANSAS?

The statute of limitations for fraud in Arkansas is 3 years.

3 Years The following actions shall be commenced within three (3) years after the cause of action accrues:

(1) All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state;

(2) All actions for arrearages of rent not reserved by some instrument in writing, under seal;

(3) All actions founded on any contract or liability, expressed or implied;

(4) All actions for trespass on lands;

(5) All actions for libels; and

(6) All actions for taking or injuring any goods or chattels. Ark. Code Ann. § 16-56-105

Fraud suspends the running of the statute of limitations until the party having the cause of action discovers the fraud, or should have discovered it by the exercise of reasonable diligence. Russenberger v. Thomas Pest Control, Inc., 394 S.W.3d 303, 307 (Ark. Ct. App. 2012).

What is the statute of limitations for fraud in CALIFORNIA?

The statute of limitations for fraud in California is 3 years.

An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. Cal. Civ. Proc. Code § 338

What is the statute of limitations for fraud in COLORADO?

The statute of limitations for fraud in Colorado is 3 years.

All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102(1)(j) or section 13-80-103(1)(g); Colo. Rev. Stat. Ann. § 13-80-101

The cause of action accrues as of the date the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Conrad v. The Educ. Resources Institute, 652 F.Supp.2d 1172, 1184 (D.C. Colo. 2009)

What is the statute of limitations for fraud in CONNECTICUT?

The statute of limitations for fraud in Connecticut is 3 years.

No action founded upon a tort shall be brought but within three years from the date of the act or omission complained of. Conn. Gen. Stat. Ann. § 52-577

Limitations period for fraud may be tolled by fraudulent concealment; “…a reasonable inference that a defendant’s acts of concealment were aimed at delaying or preventing legal action is a recognized basis upon which to toll the statute of limitations.” Fenn v. Yale University, 283 F. Supp. 2d 615, 636-38 (D. Conn. 2003).

What is the statute of limitations for fraud in DELAWARE?

The statute of limitations for fraud in Delaware is 3 years.

Delaware three-year statute of limitations applicable to claims for common-law fraud and breach of fiduciary duty applies to common-law claims of mismanagement and breach of fiduciary duty. Del. Code Ann tit. § 8106.

The limitations period commences to run when the person knows or has reason to know that a wrong has been committed. Pack & Process, Inc. v. Celotex Corp., 503 A.2d 646, 650 (Super. Ct. Del. 1985).

What is the statute of limitations for fraud in DISTRICT OF COLUMBIA?

The statute of limitations for fraud in the District of Columbia is 3 years.

The statute of limitations will not run until the plaintiff knows or with the exercise of reasonable diligence would have known of some injury. Diamond v. Davis, 680 A.2d 364, 381 (D.C. Ct. App. 1996).

What is the statute of limitations for fraud in FLORIDA?

The statute of limitations for fraud in Delaware is 4 years.

Actions other than for recovery of real property shall be commenced as follows:

(3) Within four years.–

(j) A legal or equitable action founded on fraud. Fla. Stat. Ann. § 95.11

What is the statute of limitations for fraud in GEORGIA?

The statute of limitations for fraud in Georgia is 4 years.

Actions for injuries to personalty shall be brought within four years after the right of action accrues. Ga. Code Ann. § 9-3-31

What is the statute of limitations for fraud in HAWAII?

The statute of limitations for fraud in Hawaii is 6 years.

The following actions shall be commenced within six years next after the cause of action accrued, and not after:

(4) Personal actions of any nature whatsoever not specifically covered by the laws of the State. Haw. Rev. Stat. § 657-1

The discovery rule, that the statute of limitations begins to run when the plaintiff discovered or should have discovered the damage, is applicable to the fraud context. Haw. Rev. Stat. § 657-7/Plaintiff’s tort claim accrues, for statute of limitations purposes, when the plaintiff discovers, or through the use of reasonable diligence should have discovered, the negligent act, the damage, and the causal connection between the two. Thomas v. Kidnai 267 P.2d 1230, 1238 (Hawai’I 2011) (applicable to fraud).

Nature of claim by purchaser against vendor and salesperson, that they made fraudulent representations concerning water leakages in residence, was not physical injury to property, which would have been governed by statute of limitations for claims for damages resulting from physical injury to persons or to tangible property interests, but was the making of fraudulent representations concerning the condition of the residence which induced purchaser to buy it; therefore, as fraudulent representations are not governed by a specific limitation period, six-year limitations period set forth in subdivision of statute of limitations dealing with actions not specifically covered applied. HRS §§ 657-1(4), 657-7. Au v. Au, 1981, 63 Haw. 210, 63 Haw. 263, 626 P.2d 173.

What is the statute of limitations for fraud in IDAHO?

The statute of limitations for fraud in Idaho is 3 years.

The fraud statute of limitations does not begin to run until the plaintiff knew or reasonably should have known of the facts constituting the fraud. Within three (3) years. . .(4) An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. Idaho Code Ann. § 5-218(4)

For purposes of accrual of fraud claim for limitations purposes, actual knowledge of the fraud can be inferred if the aggrieved party could have discovered the fraud by reasonable diligence, although the court will hesitate to infer such knowledge. Nerco Minerals Co. v. Morrison Knudsen Corp., 140 Idaho 144 (2004).

What is the statute of limitations for fraud in ILLINOIS?

The statute of limitations for fraud in Illinois is 5 years.

For fraud and tortious misrepresentation, the discovery rule tolls the statute of limitations and the claim does not accrue until the injured party knows or should have known of his injury.735 Ill. Comp. Stat. 5/13-205

Under Illinois law, persons have knowledge that an injury is wrongfully caused, triggering a five year limitations period for fraud claims, when they possess enough information about the injury to alert a reasonable person to the need for further inquiries to determine if the cause of the injury is actionable at law.  Joyce v. Morgan Stanley & Co., Inc., 538 F.3d 797 (7th Cir. 2008).

Under Illinois discovery-rule exception to statute of limitations, plaintiff’s mere access to additional information will not, by itself, trigger duty to investigate;  rather, such a duty arises only when a reasonably prudent person would be put on notice of having been wronged.  Kolson v. Vembu, 869 F.Supp. 1315 (N.D. Ill.1994).

What is the statute of limitations for fraud in INDIANA?

The statute of limitations for fraud in Indiana is 6 years.

Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues:

(4) Actions for relief against frauds. Ind. Code Ann. § 34-11-2-7

The discovery rule for fraud claims provides that a cause of action accrues when a party knows or in the exercise of ordinary diligence could discover that the contract has been breached or that an injury had been sustained as a result of the tortious act of another. Indiana Code Ann. § 34-11-2-7(4)

Under discovery rule, cause of action accrues and statute of limitations begins to run when plaintiff knew or, in exercise of ordinary diligence, could have discovered that injury had been sustained as result of tortious act of another.  Doe v. United Methodist Church, 673 N.E.2d 839 (1996).

What is the statute of limitations for fraud in IOWA?

The statute of limitations for fraud in Iowa is 5 years.

The “discovery” of the fraud or wrong which will set the statute in motion does not necessarily mean actual and direct personal knowledge by the complaining party. It is sufficient if such party has such knowledge or notice as would lead a man of reasonable prudence to make inquiries which would disclose the fraud.Iowa Code § 614.1(4)

An action for relief on the ground of fraud is barred after the lapse of five years, from the time the fraud was (a) actually discovered or (b) ought to have been discovered by the exercise of ordinary diligence.  Simmons v. Western Life Indemnity Co., 171 Iowa 429 (1915).

The fact that children of deceased member of partnership did not employ an attorney or an expert accountant and demand books and records from other members of partnership, to determine whether the other members of the partnership were defrauding the children of the deceased partner, would not show a want of diligence and prevent the tolling of the statute of limitations until discovery of the alleged fraud.  Higbee v. Walsh, 229 Iowa 408 (1940).

What is the statute of limitations for fraud in KANSAS?

The statute of limitations for fraud in Kansas is 2 years.

The following actions shall be brought within two years:

(3) An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered. Kan. Stat. Ann. § 60-513

Fraud cause of action accrues at time of actual discovery or when, with reasonable diligence, fraud could have been discovered. Cline v. Southern Star Cent. Gas Pipeline, Inc., 356 F.Supp.2d 1203 (D. Kansas 2005). Mere supsicion not sufficient, injured party needs actual or constructive knowledge. Kansas Wastewater v. Alliant Techsystems, Inc. 257 F. Supp. 2d 1344 (D. Kansas 2003).

What is the statute of limitations for fraud in KENTUCKY?

The statute of limitations for fraud in Kentucky is 5 years.

5 Years The following actions shall be commenced within five (5) years after the cause of action accrued:

(12) An action for relief or damages on the ground of fraud or mistake. Ky. Rev. Stat. Ann. § 413.120

What is the statute of limitations for fraud in LOUISIANA?

The statute of limitations for fraud in Louisiana is 1 year.

Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492

Department of Education’s (DOE’s) cause of action for fraud against president of child care facility receiving funds under a food service program accrued, and one-year prescriptive period began to run, when DOE conducted audit that showed the alleged overpayments, supporting DOE’s allegations that president committed deliberate acts of fraud in connection with the overpayments.  State ex rel. Louisiana Dept. of Education-Food Service v. Bright Beginnings Child Care, Inc., 957 So.2d 362, 42,146 (La.App. 2 Cir. 5/16/07).

What is the statute of limitations for fraud in MAINE?

The statute of limitations for fraud in Maine is 6 years.

If a person, liable to any action mentioned, fraudulently conceals the cause thereof from the person entitled thereto, or if a fraud is committed which entitles any person to an action, the action may be commenced at any time within 6 years after the person entitled thereto discovers that he has just cause of action, except as provided in section 3580. [1985, c. 641, §1 (AMD).] 14 Me. Rev. Stat. § 859.

Genuine issue of material fact as to whether, during three-year period following operation for implantation of defective devices to relieve malfunctions of jawbone’s temporomandibular joints, defendant oral surgeons engaged in conduct that a fact finder might conclude amounted to fraudulent concealment precluded summary judgment for oral surgeons in patients’ negligence action.  Brawn v. Oral Surgery Associates, 819 A.2d 1014 (Me. 2003).

What is the statute of limitations for fraud in MARYLAND?

The statute of limitations for fraud in Maryland is 3 years.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101

Under Maryland law, when a defendant’s stealth or subterfuge leaves the plaintiff blamelessly ignorant of the facts and circumstances legally entitling him or her to relief, the discovery rule prevents the limitations clock from running until the plaintiff has learned or should have learned of the fraud.  Miller v. Pacific Shore Funding, 224 F.Supp.2d 977 (D. Md. 2002).

Claims brought by medical imaging company against equipment manufacturer, alleging fraud and negligent misrepresentation in connection with sale of computed tomography (CT) scanning machines, began to accrue when media article questioning safety and efficacy of device was published, and thus were time-barred under Maryland law; as of publication date, company had reason to investigate whether machines might emit more radiation than previously thought.  Virtual Physical Center Rockville, LLC v. Phillips Medical Systems North America, Inc., 478 F.Supp.2d 840 (D. Maryland 2007).

What is the statute of limitations for fraud in MASSACHUSETTS?

The statute of limitations for fraud in Massachusetts is 3 years.

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A

What is the statute of limitations for fraud in MICHIGAN?

The statute of limitations for fraud in Michigan is 2 years.

If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations. Mich. Comp. Laws Ann. § 600.5855

What is the statute of limitations for fraud in MINNESOTA?

The statute of limitations for fraud in Minnesota is 6 years.

Subdivision 1. Six-year limitation. Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years:

(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; Minn. Stat. § 541.05, subd. 1(6)

What is the statute of limitations for fraud in MISSISSIPPI?

The statute of limitations for fraud in Mississippi is 3 years.

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.

(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

The Mississippi Code Annotated § 15-1-49 (Rev.2003) imposes a three year statute of limitations on claims for fraud. “A fraud claim accrues upon the completion of the sale induced by false representation or upon the consummation of the fraud.” Dunn v. Dent, 169 Miss. 574, 153 So. 798 (Miss.1934) . Therefore, the statute of limitations begins to run when a person, with reasonable diligence, first knew or should have known of the fraud. Miss.Code Ann. § 15-1-67 (Rev.2003).

Parker v. Horace Mann Life Ins. Co., 949 So. 2d 57, 59 (Miss. Ct. App. 2006)

However, fraudulent concealment tolls the statute of limitations for a cause of action. Robinson v. Cobb, 763 So.2d 883, 887 (¶ 18) (Miss.2000).

Parker v. Horace Mann Life Ins. Co., 949 So. 2d 57, 59 (Miss. Ct. App. 2006)

What is the statute of limitations for fraud in MISSOURI?

The statute of limitations for fraud in Missouri is 10 years.

(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

Mo. Ann. Stat. § 516.120

Fraudulent concealment does not toll statute of limitations for fraud beyond what is provided for in statute limitations governing fraud actions and does not require actual discovery of fraud before statute begins to run.

Cullom v. Crittenton, 959 S.W.2d 915 (Mo. Ct. App. 1998)

What is the statute of limitations for fraud in MONTANA?

The statute of limitations for fraud in Montana is 10 years.

The period prescribed for the commencement of an action for relief on the ground of fraud or mistake is within 2 years, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Mont. Code Ann. § 27-2-203

What is the statute of limitations for fraud in NEBRASKA?

The statute of limitations for fraud in Nebraska is 4 years.

The following actions can only be brought within four years:

(1) An action for trespass upon real property;

(2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property;

(3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and

(4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.

Neb. Rev. Stat. § 25-207

Drug manufacturer was not equitably estopped from raising statute of limitations bar to prescription drug consumer’s fraud cause of action, alleging that manufacturer fraudulently concealed information which would have warned members of the medical profession or lay public, including consumer, that ingestion of drug would cause kidney damage to user thereof, where consumer did not learn of any kidney injury until more than ten years after first ingesting drug and more than 28 years after drug was first marketed, so that applicable ten-year statute of repose had already extinguished any cause of action which consumer might have had, and consumer’s fraud cause of action was unsupported in the record. Neb.Rev.St. § 25–224. Groth v. Sandoz, Inc. 601 F.Supp. 453 D.C.Neb.,1984. December 26, 1984

What is the statute of limitations for fraud in NEVADA?

The statute of limitations for fraud in Nebraska is 3 years.

Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake. Nev. Rev. Stat. Ann. § 11.190

What is the statute of limitations for fraud in NEW HAMPSHIRE?

The statute of limitations for fraud in New Hampshire is 3 years.

1. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.

N.H. Rev. Stat. Ann. § 508:4

What is the statute of limitations for fraud in NEW JERSEY?

The statute of limitations for fraud in New Jersey is 6 years.

Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in sections 2A:14-2 and 2A:14-3 of this Title, or for recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued. N.J. Stat. Ann. § 2A:14-1

What is the statute of limitations for fraud in NEW MEXICO?

The statute of limitations for fraud in New Mexico is 4 years.

Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years. N.M. Stat. Ann. § 37-1-4

What is the statute of limitations for fraud in NEW YORK?

The statute of limitations for fraud in New York is 6 years.

The following actions must be commenced within six years:

8. an action based upon fraud; the time within which the action must be commenced shall be the greater of six years from the date the cause of action accrued or two years from the time the plaintiff or the person under whom the plaintiff claims discovered the fraud, or could with reasonable diligence have discovered it. N.Y. C.P.L.R. 213(8)

What is the statute of limitations for fraud in NORTH CAROLINA?

The statute of limitations for fraud in North Carolina is 3 years.

3 Years For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. N.C. Gen. Stat. §1-52(9)

What is the statute of limitations for fraud in NORTH DAKOTA?

The statute of limitations for fraud in North Dakota is 6 years.

Actions having six-year limitations. An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. N.D. Cent. Code §28-01-16(6)

Under North Dakota statute providing that a cause of action in law or equity for relief of fraud shall not accrue until “discovery” by the aggrieved party of the facts constituting the fraud, the word “discovery” means “notice of the facts”. NDRC 1943, 28-0116, subd. 6. Linke v. Sorenson, 1960, 276 F.2d 151. Limitation Of Actions 100(12)

A fraud action is not barred by the passage of time until six years after discovery of the facts constituting the fraud. NDCC § 28-01-16, subd. 6. Rose v. United Equitable Ins. Co., 2001, 632 N.W.2d 429, on remand 2002 WL 34158826. Limitation Of Actions 100(1)

What is the statute of limitations for fraud in OHIO?

The statute of limitations for fraud in Ohio is 4 years.

For relief on the ground of fraud, except when the cause of action is a violation of section 2913.49 of the Revised Code, in which case the action shall be brought within five years after the cause thereof accrued; Ohio Rev. Code Ann. § 2305.09

“The discovery rule set forth in R.C. 2305.09(D) is applicable to claims sounding in fraud. Investors REIT One v. Jacobs (1989), 46 Ohio St.3d 176, 182, 546 N.E.2d 206. ‘The discovery rule operates to extend the time in which a party may file a complaint. Generally, the discovery rule states that the statute of limitations does not begin to run until the plaintiff discovered, or through the exercise of reasonable diligence, should have discovered, the complained of injury.’ Smith v. Rudler, 1993 Ohio App. LEXIS 3967, *3–4, 1993 WL 318797 (Aug. 13, 1993), Ashtabula App. No. 92–A–1753, unreported, citing Investors REIT One, supra, at 179, 546 N.E.2d 206. Thus, ‘[a] cause of action for fraud or conversion accrues either when the fraud is discovered, or in the exercise of reasonable diligence, the fraud should have been discovered.’ Stokes v. Berick, 1999 Ohio App. LEXIS 6264, *14, 1999 WL 1313668 (Dec. 23, 1999), Lake App. No. 98–L–094, unreported, citing Investors REIT One, supra, paragraph 2b of the syllabus.” Thut v. Thut, 11 th Dist. No.2000–G–2281, 2001 Ohio App. LEXIS 1748, *8–9, 2001 WL 369674 (April 13, 2001). See also Ciganek v. Kaley, 11th Dist. No.2004–P–0001, 2004–Ohio–6029, ¶ 23. The applicable statute of limitations is triggered by the “constructive knowledge of facts, rather than actual knowledge of their legal significance * * *.” (Emphasis sic.) Flowers v. Walker, 63 Ohio St.3d 546, 549, 589 N.E.2d 1284 (1927). Sullivan v. Westfield Ins. Co., 2013-Ohio-146 (Ohio Ct. App. Jan. 22, 2013)

What is the statute of limitations for fraud in OKLAHOMA?

The statute of limitations for fraud in Oklahoma is 2 years.

The situation is analogous to that where fraudulent concealment is set up as a bar to the running of the statute. In such a situation, this Court has stated: “For the purposes of the statute of limitations, if the means of knowledge exist and the circumstances are such as to put a reasonable man upon inquiry, it will be held that there was knowledge of what could have been readily ascertained by such inquiry and the limitation on the general rule often expressed in the statute is that plaintiff cannot successfully … [set up a bar to the running of the statute] if his failure to discover it is attributable to his own negligence.” Kansas City Life Ins. v. Nipper, 174 Okl. 634, 51 P.2d 741 (1935).

What is the statute of limitations for fraud in OREGON?

The statute of limitations for fraud in Oregon is 2 years.

The action must be brought within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered. O.R.S. 12.110 (4).

What is the statute of limitations for fraud in PENNSYLVANIA?

The statute of limitations for fraud in Pennsylvania is 2 years.

The following actions and proceedings must be commenced within two years:

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524

What is the statute of limitations for fraud in PUERTO RICO?

The statute of limitations for fraud in Puerto Rico is 2 year.

The following prescribe in one (1) year:

(1) Actions to recover or retain possession.

(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

What is the statute of limitations for fraud in RHODE ISLAND?

The statute of limitations for fraud in Rhode Island is 10 years.

(a) Except as otherwise specially provided, all civil actions shall be commenced within ten (10) years next after the cause of action shall accrue, and not after. R.I. Gen. Laws Ann. § 9-1-13

Bourdon’s, Inc. v. Ecin Indust., 704 A.2d 747, 749 (R.I. 1997) ( we hold that the applicable period of limitations for actions for fraud and deceit is the ten-year period found in G.L.1956 § 9-1-13(a), and we further hold that the Statute of Frauds, § 9-1-4, is inapplicable to a claim of misrepresentation, fraud, and/or deceit)

What is the statute of limitations for fraud in SOUTH CAROLINA?

The statute of limitations for fraud in South Carolina is 3 years.

Any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; S.C. Code 15-3-530.

What is the statute of limitations for fraud in SOUTH DAKOTA?

The statute of limitations for fraud in South Dakota is 6 years.

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued:

(6) An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery; S.D. Codified Laws § 15-2-13

Pursuant to SDCL 15-2-3, a cause of action for fraud “shall not be deemed to have accrued until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud.” Anderson v. Production Credit Ass’n, 482 N.W.2d 642, 644 (S.D. 1992)

What is the statute of limitations for fraud in TENNESSEE?

The statute of limitations for fraud in Tennessee is 3 years.

The following actions shall be commenced within three (3) years from the accruing of the cause of action:

(1) Actions for injuries to personal or real property;

(2) Actions for the detention or conversion of personal property; and

(3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefore, when no other time of limitation is fixed by the statute creating such liability. Tenn. Code Ann. § 28-3-105

What is the statute of limitations for fraud in TEXAS?

The statute of limitations for fraud in Texas is 4 years.

Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. Tex. Civ. Prac. & Rem. Code Ann. § 16.003

Texas courts have recognized an exception to this general rule, the “discovery rule,” which applies where a claimant is unable to know of an injury or the cause of an injury at the time it occurred. Id. When the discovery rule applies, the statute of limitations is tolled until the Plaintiff discovers, or through the exercise of reasonable care and diligence should have discovered, the nature of her injury and its cause in fact. See, e.g., Glasscock v. Armstrong Cork Co., 946 F.2d 1085, 1092 (5th Cir.1991), cert. denied, 503 U.S. 1011, 112 S.Ct. 1778, 118 L.Ed.2d 435 (1992); Mann v. A.H. Robins Co., Inc., 741 F.2d 79, 81 (5th Cir.1984); Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 351 (Tex.1990).

What is the statute of limitations for fraud in U.S. VIRGIN ISLANDS?

The statute of limitations for fraud in the U.S Virgin Islands is 2 years.

In an action upon a new promise, fraud, or mistake, the limitation shall be deemed to commence only from the making of the new promise or the discovery of the fraud or mistake. 5 V.I.C. § 32

Trial court erred in granting plaintiff partial summary judgment on defendant’s fraudulent inducement and misrepresentation counterclaims, as under 5 V.I.C. § 32(c), the two-year limitations period did not commence until defendant discovered or should have discovered the alleged fraud; here, plaintiff did not allege that defendant knew or should have known of the alleged fraudulent inducement, let alone point to evidence regarding knowledge of the alleged fraud or misrepresentation more than two years prior to the date he filed his counterclaims. Martin v. Martin, 54 V.I. 379, 2010 V.I. Supreme LEXIS 45 (Sept. 15, 2010).

What is the statute of limitations for fraud in UTAH?

The statute of limitations for fraud in Utah is 3 years.

An action may be brought within three years:

(3) for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake; Utah Code Ann. § 78B-2-305

Utah Code 78B-2-305 ( for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake). Accrual of the case o factoin is not complete until discovery of the pertinent facts. Hill v. Alred, 28 P.3d 1271, 1276 (IUtah 2001).

What is the statute of limitations for fraud in VERMONT?

The statute of limitations for fraud in Vermont is 6 years.

A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, and except as otherwise provided, shall be commenced within six years after the cause of action accrues and not thereafter. Vt. Stat. Ann. tit. 12, § 511

Six year general statute applies to fraud claims. Estate of Alden v. Dee, 35 A.3d 950, 956 (Vt. 2011)

What is the statute of limitations for fraud in VIRGINIA?

The statute of limitations for fraud in Virginia is 3 years.

8. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243

In Virginia, the statute of limitations for fraud is two years, and begins running when the alleged fraud is discovered or should have been discovered by the exercise of reasonable diligence. Va.Code Ann. §§ 8.01–243, 8.01–249 (2011); Va. Imports, Inc. v. Kirin Brewery of Am., LLC, 296 F.Supp.2d 691, 699 (E.D.Va.2003). This discovery rule places the burden on the plaintiff “to prove that he acted with due diligence and yet did not discover the fraud or mistake until within the statutory period of limitation immediately preceding the commencement of the action.” Hughes v. Foley, 203 Va. 904, 907, 128 S.E.2d 261 (Va.1962). To comply with the due diligence requirement, the plaintiff must use “[s]uch a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent [person] under the particular circumstances.” STB Marketing Corp. v. Zolfaghari, 240 Va. 140, 144, 393 S.E.2d 394 (Va.1990). Informatics Applications Group, Inc. v. Shkolnikov, 836 F.Supp.2d 400, 425 (E.D.Va. 2011)

What is the statute of limitations for fraud in WASHINGTON?

The statute of limitations for fraud in Washington is 3 years.

The following actions shall be commenced within three years:

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; Wash. Rev. Code Ann. § 4.16.080

What is the statute of limitations for fraud in WEST VIRGINIA?

The statute of limitations for fraud in West Virginia is 2 years.

Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative. W. Va. Code Ann. § 55-2-12

Under West Virginia law, claims in tort for negligence, professional negligence, and misrepresentation (fraudulent or negligent) are governed by a two-year statute of limitation. W.Va.Code, 55-2-12 [1959]. Trafalgar House Const., Inc. v. ZMM, Inc., 211 W. Va. 578, 583, 567 S.E.2d 294, 299 (2002)

What is the statute of limitations for fraud in WISCONSIN?

The statute of limitations for fraud in Wisconsin is 6 years.

The following actions shall be commenced within 6 years after the cause of action accrues or be barred:

(b) An action for relief on the ground of fraud. The cause of action in such a case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. Wis. Stat. Ann. § 893.93

What is the statute of limitations for fraud in WYOMING?

The statute of limitations for fraud in Wyoming is 4 years.

Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues:

(iv) Within four (4) years, an action for:

(D) For relief on the ground of fraud. Wyo. Stat. Ann. § 1-3-105