How long you have to sue over a broken contract, an unpaid debt, or property damage in Indiana — and what happens if that window closes.
Indiana gives you 10 years to sue over a broken written contract and 6 years for an oral agreement, measured from the date of breach. The statute of limitations is a hard deadline, not a guideline. File one day late and a court will throw the case out regardless of how strong the evidence is.
Timing usually runs from the breach itself or the date of last activity on the account, which is why keeping records of payment dates and communications matters more than people expect. The gap between written and oral contract deadlines reflects a practical reality: documentation ages better than memory, so the law rewards claims backed by paper. The 6-year property window applies to real property; personal-property damage claims run 2 years.
Property damage claims in Indiana carry their own deadline of 6 years. This category covers everything from a contractor's damaged fence to a vehicle collision that only caused property loss rather than injury — personal injury claims from the same incident run on a separate clock.
Governing statute: Ind. Code Ann. § 34-11-2-1 et seq.. This guide summarizes the general rule — specific contract types (debt collection, mortgages, government claims) can carry different deadlines within Indiana, so confirm your exact claim category with a licensed attorney.
Written contract, oral contract, and property damage claims often carry different deadlines in the same state — confirm which category applies before assuming a filing date.
This is usually the date of breach, the date of last payment, or the date the damage occurred. Gather invoices, bank records, or correspondence that establish that date precisely.
Certain circumstances — the defendant leaving the state, a minor plaintiff, active bankruptcy proceedings, or a written acknowledgment of the debt — can pause or restart the clock in some states.
Courts apply statutes of limitations strictly. Filing with a comfortable margin protects against processing delays, service issues, or disputes about the exact start date.
Even a time-barred claim can sometimes be used defensively, or the statute may have tolled for a reason you didn't anticize — keep the file rather than assuming it's dead.
The defendant can raise the statute of limitations as an affirmative defense, and courts almost always grant dismissal once it's established — the case ends without a ruling on whether the debt or breach actually happened.
In many states, yes. A partial payment, a signed acknowledgment of the debt, or a new payment plan can reset the limitations period under that state's revival rules — which is why old debts sometimes become newly collectible.
Indiana gives you 10 years from the breach to file a lawsuit over a written contract, under Ind. Code Ann. § 34-11-2-1 et seq..
Oral contracts in Indiana carry a shorter window of 6 years from the breach.