What is the statute of limitations for contract claims in Louisiana?
1. Written Contracts
Louisiana Civil Code article 3499 provides a 10-year liberative prescription for personal actions unless otherwise provided by legislation. Most written contract claims fall under this 10-year period, which is the longest among U.S. states.
2. Oral Contracts
Oral contracts also use the 10-year prescription under art. 3499. Louisiana, as a civil-law jurisdiction, does not generally distinguish between written and oral contracts for prescription purposes.
3. Sealed Instruments / Promissory Notes
Promissory notes use the 5-year prescription under La. Civ. Code art. 3498 for actions on negotiable instruments. Louisiana does not have a common-law sealed-instrument rule.
4. Sale of Goods (UCC Article 2)
La. R.S. § 10:2-725 (UCC § 2-725, adopted in Louisiana's commercial code) 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
La. Civ. Code art. 3494 imposes a 3-year prescription on actions for the recovery of amounts due on open accounts.
6. Accrual Rule
Prescription runs from the date the cause of action accrues (breach). Each missed installment under an installment contract starts its own prescription.
7. Discovery Rule for Fraudulent Concealment
Louisiana applies contra non valentem to suspend prescription where the defendant concealed the cause of action or it was inherently undiscoverable.
8. Tolling
La. Civ. Code arts. 3469-3472 suspend prescription for minority, interdiction, and certain other circumstances. SCRA tolls for active military service.
9. Contractual Modification of SOL
Louisiana permits reasonable contractual modification of prescription under art. 3471 (parties may renounce a prescription already accrued but cannot renounce in advance).
10. Borrowing Statute
Louisiana applies its own prescription periods under lex fori, with limited borrowing principles under choice-of-law analysis.
This is legal information, not legal advice.
- You need to distinguish between contract prescription and open-account prescription
- Contra non valentem suspension is in play
- A choice-of-law issue arises in a multi-state contract
- La. Civ. Code art. 3499
- La. Civ. Code art. 3498
- La. Civ. Code art. 3494
- La. R.S. § 10:2-725
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.