What is the statute of limitations for contract claims in Indiana?

1. Written Contracts

Indiana Code § 34-11-2-11 provides a 10-year SOL for actions upon contracts in writing other than those for the payment of money executed after September 1, 1982. Written contracts for payment of money executed after that date carry a 6-year SOL under § 34-11-2-9.

2. Oral Contracts

Ind. Code § 34-11-2-7 imposes a 6-year SOL on oral contracts and accounts and contracts not in writing.

3. Sealed Instruments / Promissory Notes

Indiana abolished the sealed-instrument distinction. Promissory notes use the applicable written-contract SOL (typically 6 years for money instruments).

4. Sale of Goods (UCC Article 2)

Ind. Code § 26-1-2-725 (UCC § 2-725) provides a 4-year SOL for breach-of-sales claims from tender of delivery. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts use the 6-year SOL under § 34-11-2-7. The clock runs from the last item charged.

6. Accrual Rule

The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

Indiana applies the discovery rule for fraud-based claims. Ind. Code § 34-11-5-1 tolls SOL for fraudulent concealment.

8. Tolling

Ind. Code § 34-11-6-1 tolls for minority and incompetency. SCRA tolls for active military service. Defendant absence from Indiana may toll under § 34-11-4-1.

9. Contractual Modification of SOL

Indiana permits reasonable contractual shortening of SOL. Extensions are generally unenforceable before accrual.

10. Borrowing Statute

Ind. Code § 34-11-4-2 borrows the shorter SOL when the cause of action accrued in another state.

This is legal information, not legal advice.