How long do you have to sue for fraud?
Most states give 3 years or 2 years to sue for fraud or misrepresentation, counted from discovery of the fraud rather than from the lie itself. Fraud is the classic case for a discovery rule, because a successful fraud is designed to stay hidden; California, for example, says the claim does not accrue until the defrauded person discovers the facts constituting the fraud.[2] Florida adds a hard limit: no fraud suit more than 12 years after the fraud was committed, discovered or not.[1]
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 years | Ala. Code §§ 6-2-3, 6-2-38(l) |
| Alaska | 2 years | Alaska Stat. § 09.10.070(a)(2)Fraud is treated as an injury to the rights of another not arising on contract. |
| Arizona | 3 years | A.R.S. § 12-543(3) |
| Arkansas | 3 years | Ark. Code Ann. § 16-56-105 |
| California | 3 years | Cal. Code Civ. Proc. § 338(d) |
| Colorado | 3 years | Colo. Rev. Stat. §§ 13-80-101(1)(c), 13-80-108(3) |
| Connecticut | 3 years | Conn. Gen. Stat. §§ 52-577, 52-595§ 52-577 is an occurrence statute with no general discovery rule. |
| Delaware | 3 years | 10 Del. C. § 8106(a) |
| District of Columbia | 3 years | D.C. Code § 12-301(a)(8) |
| Florida | 4 years | Fla. Stat. § 95.11(3)(i)Repose: 12 years from the date the fraud was committed (§ 95.031(2)(a)) |
| Georgia | 4 years | O.C.G.A. § 9-3-31; § 9-3-96No fraud-specific statute: Georgia courts apply the 4-year period for injuries to personalty (§ 9-3-31) to fraud damages claims. When the defendant's fraud deters the plaintiff from suing, the period runs only from discovery of the fraud (§ 9-3-96). |
| Hawaii | 6 years | Haw. Rev. Stat. § 657-1(4)Hawaii courts apply the 6-year catch-all for personal actions not otherwise covered to fraudulent misrepresentation. Fraudulent concealment of a claim allows suit within 6 years after discovery (§ 657-20). |
| Idaho | 3 years | Idaho Code § 5-218(4) |
| Illinois | 5 years | 735 ILCS 5/13-205; 13-215No fraud-specific statute: common-law fraud falls under the 5-year catch-all for civil actions "not otherwise provided for" (§ 13-205). If the defendant fraudulently conceals the claim, suit may be brought within 5 years after discovery (§ 13-215). |
| Indiana | 6 years | Ind. Code § 34-11-2-7(4)"Actions for relief against frauds." If the defendant conceals the claim, it may be brought within the limitation period after discovery (§ 34-11-5-1). |
| Iowa | 5 years | Iowa Code § 614.1(4); § 614.4Section 614.1(4) covers relief on the ground of fraud and all other actions not otherwise provided for. |
| Kansas | 2 years | K.S.A. § 60-513(a)(3) |
| Kentucky | 5 years | KRS 413.120(11); 413.130(3)Repose: 10 years after the contract was made or the fraud was committed (KRS 413.130(3)) |
| Louisiana | 2 years | La. Civ. Code art. 3493.1Fraud claims sounding in tort are delictual actions (1 year if they arose before July 1, 2024). |
| Maine | 6 years | 14 M.R.S. §§ 752, 859If a fraud is committed or the cause of action is fraudulently concealed, suit may be brought within 6 years after the plaintiff discovers it (§ 859). |
| Maryland | 3 years | Md. Code, Cts. & Jud. Proc. §§ 5-101, 5-203 |
| Massachusetts | 3 years | M.G.L. c. 260, § 2AFraud and deceit are actions of tort (3 years). If the defendant fraudulently concealed the claim, time before discovery is excluded (c. 260, § 12). Consumer protection claims under c. 93A have 4 years (c. 260, § 5A). |
| Michigan | 6 years | MCL 600.5813Fraud falls under the 6-year catch-all for "all other personal actions". If the defendant fraudulently concealed the claim or the identity of the person liable, suit may be brought within 2 years after discovery even if the period has run (§ 600.5855). |
| Minnesota | 6 years | Minn. Stat. § 541.05, subd. 1(6) |
| Mississippi | 3 years | Miss. Code Ann. §§ 15-1-49, 15-1-67No fraud-specific statute: the 3-year catch-all applies. Fraudulent concealment delays accrual until discovery (§ 15-1-67). |
| Missouri | 5 years | Mo. Rev. Stat. § 516.120(5)Repose: Discovery must occur within 10 years (§ 516.120(5)) |
| Montana | 2 years | Mont. Code Ann. § 27-2-203 |
| Nebraska | 4 years | Neb. Rev. Stat. § 25-207(4) |
| Nevada | 3 years | Nev. Rev. Stat. § 11.190(3)(d) |
| New Hampshire | 3 years | N.H. Rev. Stat. Ann. § 508:4, I |
| New Jersey | 6 years | N.J. Stat. Ann. § 2A:14-1(a)Falls under 'tortious injury to the rights of another' not covered by §§ 2A:14-2 or 2A:14-3. |
| New Mexico | 4 years | N.M. Stat. Ann. §§ 37-1-4, 37-1-7 |
| New York | 6 years6 years, or 2 years from discovery if later | N.Y. C.P.L.R. § 213(8) |
| North Carolina | 3 years | N.C. Gen. Stat. § 1-52(9) |
| North Dakota | 6 years | N.D. Cent. Code § 28-01-16(6)If fraudulent concealment kept a plaintiff from learning of any claim, suit may be brought within 1 year of discovery (§ 28-01-24). |
| Ohio | 4 years | Ohio Rev. Code § 2305.09(C)Claims based on unauthorized use of property (§ 2913.49 identity fraud) are 5 years. |
| Oklahoma | 2 years | Okla. Stat. tit. 12, § 95(A)(3) |
| Oregon | 2 years | Or. Rev. Stat. § 12.110(1) |
| Pennsylvania | 2 years | 42 Pa.C.S. § 5524(7)§ 5524(7) expressly includes "deceit or fraud" in the 2-year tort period. Fraud by a trustee runs from discovery by statute (§ 5532(c)). |
| Rhode Island | 10 years | R.I. Gen. Laws §§ 9-1-13(a), 9-1-20Fraud causing economic loss falls under the 10-year general limit; fraud claims for personal injury use the 3-year injury period. |
| South Carolina | 3 years | S.C. Code §§ 15-3-530(7), 15-3-535 |
| South Dakota | 6 years | SDCL §§ 15-2-13(6), 15-2-3 |
| Tennessee | 3 years | Tenn. Code Ann. § 28-3-105No fraud-specific statute: Tennessee courts apply the period for the type of injury (the gravamen of the claim). Fraud causing economic or property loss is usually 3 years (§ 28-3-105); fraud causing personal injury is 1 year (§ 28-3-104). |
| Texas | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004(a)(4)Breach of fiduciary duty is also 4 years (§ 16.004(a)(5)). The discovery rule for fraud is court-made. |
| Utah | 3 years | Utah Code § 78B-2-305(1)(a)(iii), (1)(d) |
| Vermont | 6 years | 12 V.S.A. §§ 511, 555No fraud-specific period: the 6-year general civil period applies. Time before discovery is excluded when the defendant fraudulently concealed the claim (§ 555). |
| Virginia | 2 years | Va. Code §§ 8.01-243(A), 8.01-249(1)The same discovery accrual applies to Virginia Consumer Protection Act claims based on misrepresentation. |
| Washington | 3 years | RCW 4.16.080(4) |
| West Virginia | 2 years | W. Va. Code § 55-2-12No fraud-specific statute; courts apply the 2-year period of § 55-2-12 with the discovery rule. |
| Wisconsin | 3 years | Wis. Stat. § 893.93(1m)(b)Reduced from 6 years to 3 years by 2017 Wis. Act 235. |
| Wyoming | 4 years | Wyo. Stat. § 1-3-105(a)(iv)(D) |
The discovery rule for fraud
Under a discovery rule the clock starts when the victim knew, or with reasonable diligence should have known, of the facts showing fraud: not when they understood it was legally actionable. Red flags such as unexplained losses, contradictory statements or a regulator’s warning can start the clock even before the victim is sure. Courts often call this “inquiry notice”. 46 jurisdictions apply the rule to fraud by statute or case law; the others count from the act but may toll the period while the defendant actively concealed the fraud.
Federal law is stricter for government penalties: in Gabelli v. SEC the Supreme Court held that the five-year limit on SEC civil penalty actions runs from the fraud itself, not from discovery.[5] Private securities fraud claims have their own federal deadline (2 years from discovery, 5 years from the violation), separate from state fraud law.
Fraud vs. related claims
- Breach of contract may be pleaded alongside fraud and often has a longer period (Texas: 4 years for both[3]).
- Negligent misrepresentation is often treated as negligence, with a shorter period than intentional fraud in some states.
- Consumer protection statutes (unfair and deceptive practices acts) have their own deadlines, often 2 to 4 years.
- Criminal fraud is a separate question; criminal theft-by-deception limits are on the statute of limitations on theft page.
Example
A contractor takes a deposit in March 2022 with false promises and disappears; the homeowner learns from a licensing board in January 2024 that the license number was fake. In a 3-year discovery state, the deadline is January 2027; in a state that counts from the act, it could be March 2025. New York uses the longer of 6 years from the fraud or 2 years from discovery.[4]
For a deadline for any start date, use the statute of limitations calculator with “Fraud” selected. State detail: statute of limitations in California, Florida statute of limitations, and the statute of limitations on credit card debt for disputes over account balances.