Breach of Contract Statute of Limitations in West Virginia
Last verified 2026-07 · Source: W. Va. Code § 55-2-6 ✓ verified · 3 sources
The deadline
10 years
from Date of breach, under W. Va. Code § 55-2-6.
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Under W. Va. Code § 55-2-6, you have 10 years from Date of breach to file a breach of contract lawsuit in West Virginia. Miss it and you lose the right to sue — but several West Virginia-specific exceptions can extend (or shorten) that window, detailed below.
West Virginia Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 10 years | W. Va. Code § 55-2-6 |
| Car Accident | 2 yrs | W. Va. Code § 55-2-12 |
| Credit Card Debt | 10 yrs | W. Va. Code § 55-2-6 |
| Medical Malpractice | 2 yrs | W. Va. Code § 55-7B-4 |
| Wrongful Death | 2 yrs | W. Va. Code § 55-7-6 |
| Personal Injury | 2 yrs | W. Va. Code § 55-2-12(b) |
| Dog Bite | 2 yrs | W. Va. Code § 19-20-13; SOL: § 55-2-12 |
| Slip and Fall | 2 yrs | W. Va. Code § 55-2-12(b) |
| Defamation | 1 yr | W. Va. Code § 55-2-12 |
| Medical Debt | 10 yrs | W. Va. Code § 55-2-6 |
When the Clock Starts
In West Virginia, the limitations period for breach of contract claims generally begins on Date of breach. West Virginia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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 of claim within 2 years required for claims against governmental entities under W. Va. Code § 29-12A-8 (West Virginia Government Tort Claims Act).
10-year period for written contracts (whether under seal or merely signed) under § 55-2-6. Oral (express or implied) contracts: 5-year period under § 55-2-6. Partnership and merchant account settlements: 5 years from cessation of dealings. Minor tolling: § 55-2-15.
Source: W. Va. Code § 55-2-6, official West Virginia 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 West Virginia 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 West Virginia Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| West Virginia | 10 years | W. Va. Code § 55-2-6 |
| Pennsylvania | 4 yrs | 42 Pa.C.S. § 5525(a)(8) |
| Maryland | 3 yrs | Md. Code Ann., Cts. & Jud. Proc. § 5-101 |
| Virginia | 5 yrs | Va. Code Ann. § 8.01-246 |
| Kentucky | 10 yrs | KRS 413.160 |
| Ohio | 6 yrs | Ohio Rev. Code § 2305.06 |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in West Virginia?
You have 10 years from Date of breach, under W. Va. Code § 55-2-6.
Can I still sue after 10 years in West Virginia?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
West Virginia 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 of claim within 2 years required for claims against governmental entities under W. Va. Code § 29-12A-8 (West Virginia Government Tort Claims Act).
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Sources
- Official W. Va. Code § 55-2-6 – Limitations on Actions on Contracts (West Virginia Legislature)
- Corroborating W. Va. Code § 55-2-6 – Justia
- Corroborating W. Va. Code § 55-2-6 – 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 West Virginia attorney.