Breach of Contract Statute of Limitations in Tennessee
Last verified 2026-07 · Source: Tenn. Code Ann. § 28-3-109 ✓ verified · 3 sources
The deadline
6 years
from Date of breach, under Tenn. Code Ann. § 28-3-109.
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The deadline to file a breach of contract lawsuit in Tennessee is 6 years, set by Tenn. Code Ann. § 28-3-109. It starts running on Date of breach. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Tennessee Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 6 years | Tenn. Code Ann. § 28-3-109 |
| Car Accident | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Credit Card Debt | 6 yrs | Tenn. Code Ann. § 28-3-109(a)(3) |
| Medical Malpractice | 1 yr | Tenn. Code Ann. § 29-26-116 |
| Wrongful Death | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Personal Injury | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Dog Bite | 1 yr | Tenn. Code Ann. § 44-8-413; SOL: § 28-3-104 |
| Slip and Fall | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Defamation | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Medical Debt | 6 yrs | Tenn. Code Ann. § 28-3-109 |
When the Clock Starts
In Tennessee, the limitations period for breach of contract claims generally begins on Date of breach. Tennessee recognizes a discovery rule for this claim type: Tennessee Supreme Court recognized a limited discovery rule for breach of contract claims; SOL may begin when plaintiff knew or reasonably should have known of the breach, particularly when breach is concealed.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice within 1 year required for claims against the State under Tenn. Code Ann. § 9-8-402 (Tennessee Claims Commission Act).
6-year period applies to both written and oral contracts under § 28-3-109(3) ('actions on contracts not otherwise specifically provided for'). Exception: UCC sale-of-goods contracts subject to 4-year period under § 47-2-725. Minor tolling: § 28-1-106 allows minor to sue within 1 year after reaching majority.
Source: Tenn. Code Ann. § 28-3-109, official Tennessee statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Tennessee government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Tennessee Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Tennessee | 6 years | Tenn. Code Ann. § 28-3-109 |
| Kentucky | 10 yrs | KRS 413.160 |
| Virginia | 5 yrs | Va. Code Ann. § 8.01-246 |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52(1) |
| Georgia | 6 yrs | O.C.G.A. § 9-3-24 |
| Alabama | 6 yrs | Ala. Code § 6-2-34(4) |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Arkansas | 5 yrs | Ark. Code Ann. § 16-56-111 |
| Missouri | 10 yrs | Mo. Rev. Stat. § 516.110 |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in Tennessee?
You have 6 years from Date of breach, under Tenn. Code Ann. § 28-3-109.
Can I still sue after 6 years in Tennessee?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to breach of contract claims in Tennessee?
Yes. Tennessee Supreme Court recognized a limited discovery rule for breach of contract claims; SOL may begin when plaintiff knew or reasonably should have known of the breach, particularly when breach is concealed.
What if the victim was a minor?
Tennessee generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice within 1 year required for claims against the State under Tenn. Code Ann. § 9-8-402 (Tennessee Claims Commission Act).
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Sources
- Official Tenn. Code Ann. § 28-3-109 – Limitations of Actions (Tennessee General Assembly)
- Corroborating Tennessee Title 28 Ch. 3 – Limitations – Justia
- Corroborating Tenn. Code § 28-3-109 – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Tennessee attorney.