How Long Do You Have to Make a Court Claim? Limitation Deadlines Explained

Wondering how long you have to make a court claim? You are probably worried you left it too late. Take a breath. The limit is usually longer than people expect. Even close to the deadline, you can act properly rather than in a panic. This guide explains how the clock works, what restarts it, and what to do if time is short.

How long do you have to make a court claim? The six year rule

Most debt and contract claims carry a six year limit. The Limitation Act 1980 sets it. That clock starts when the cause of action arises. In plain terms, that usually means the date the money fell due. It can also mean the date the other side broke the agreement.

Other claim types run to different limits:

• Personal injury: three years from the injury, or from when you first knew about it.
• Claims under a deed: twelve years.
• Defamation: one year.
• Actions to recover land: twelve years.

Not sure which category fits your situation? Treat the shortest plausible limit as your working deadline until you check properly.

When does the clock actually start?

This catches people out more than the length of the limit does. The clock ignores the date you decided to take action. It starts when the cause of action accrues. In practice, that means:

• Unpaid invoice or debt: the date payment fell due. Not the date of your last chasing email.
• Breach of contract: the date of the breach. Not the date you noticed the loss.
• A run of missed payments: each missed payment can start its own six year clock. That matters where a debt built up over years.

Find the earliest date the debt or breach arose. Work forward from there, not from the most recent thing that annoyed you.

What restarts the clock

Two things commonly buy you more time.

A written acknowledgement of the debt. If the debtor admits in writing that the debt exists, the six years start again from that date. A text message can count. So can an email.

A part payment. Any payment towards the debt restarts the period. Even a small one counts. The new six years run from the date of that payment.

Both have limits. Neither helps if the acknowledgement or payment falls outside the last six years. A payment made by someone other than the actual debtor generally does not count either.

Missing the deadline: what statute barred really means

Miss the limit and your claim becomes statute barred. The debt itself still exists. What changes is that the debtor now has a complete defence available. Most defendants who know about the deadline will use it.

One thing surprises people here. The court does not check limitation for you. If the defendant never raises the point, the claim can still proceed.

Statute barred does not mean you were wrong about the money. It is a procedural bar, nothing more.

If time is short, do this now

Issue first, polish later. Are you within a few weeks of the deadline? Get the claim issued. Courts generally accept a compressed pre-action process where limitation is about to expire, provided you explain the timing. Nothing fixes a missed deadline afterwards.

Pick your route. Our guide on how to make a small claim in England and Wales covers the practical steps. It sets out which online service to use and what fee to expect.

Fill the form fast. The claim form itself moves quickly once you know the value and the correct defendant. Our guide on how to fill in the N1 claim form works through each section with an example.

Still send a letter before claim if you can. A few weeks is enough time. The only cost is your own. It often resolves the matter without any court fee at all. See our guide on how to write a letter before claim for the wording courts expect.

Speed matters, accuracy matters more

Time pressure makes people sloppy. They sue the wrong defendant. They claim the wrong figure. Sometimes they miss a defence the other side will obviously raise. A rushed claim that needs amending or reissuing after the deadline may not help you at all.

Three things need to be right before you press send: the defendant’s correct legal name, the amount, and the date the debt or breach arose. Check those. Then move.

Do you still need help?

We are a paralegal service for litigants in person. To be clear about the role: we are not solicitors and we do not conduct litigation. Nothing goes on the court record in our name. You sign and file everything yourself. Our job is to check the position and prepare documents that are court-ready before they leave your hands.

Not sure whether you are still in time? Our free case assessment is the place to start. Tell us what happened and when. We will check the dates, say honestly whether the claim looks in time, and set out your options. There is no charge and no obligation.

See our fixed fees or get in touch with the dates. We will tell you plainly where you stand.

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