New Jersey Statutes of Limitations
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NEw JERSEY StatuTES OF LImitations LEGAL RESEARCH, ANALYSIS, AND ADVOCACY How to use our services: FOR ATTORNEYS • Call 1-800-727-6574. • Tell our telephone receptionist that Founded in 1969, NLRG is the nation’s oldest and largest you need to speak with the Senior Attorney who specializes in the area provider of legal research services to attorneys. We have of law involved in your case. If you served more than 50,000 attorneys in private practice, already know the attorney with whom you would like to speak, just ask for corporate legal departments, and state and local government that attorney. offices at the rate of 3,500 cases per year. 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Fax 434-817-6570 If you prefer, you may e-mail or fax us your tentative request and the Web www.nlrg.com documentation you would like us to Address PO Box 7187, Charlottesville, VA 22906 review. We will review those materials free of charge and call to discuss the matter and give you a cost estimate at your convenience. Again, there is no obligation to proceed. NEw JERSEY StatuTES OF LImitations The following is an alphabetical listing of New Jersey statutes of limitations arranged by area of law. Only those statutes that establish a time period are included. Statutes that establish general rules for the application and interpretation of statutes of limitations have been omitted. No attempt has been made to systematically include tolling periods or rules, administrative or regulatory time limits, or appeals periods. The information presented here is intended for use as a quick reference. The applicability of each limitations period will need to be determined on a case-by-case basis through examination of the entire statute and relevant case law. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is offered with the understanding that the publisher is not engaged in rendering legal services. If legal advice is required, the services of a competent attorney should be sought. (From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) ArEA oF Law LimitAtions PEriod stAtutE ABusE oF ProCESS 2 years 2A:14-2 ACCOUNTS Open accounts between nonmerchants 6 years 2A:14-1 Open accounts between merchants 4 years 12A:2-725 AdoPtion Action to set aside judgment of adoption no limit where exceptional circumstances Rules 4:50-2, are shown 4:50-1(f) AdVErsE POSSESSION Of any real estate except woodlands and 30 years 2A:14-30 cultivated tracts Of any woodlands and cultivated tracts 60 years 2A:14-30 ALCoHoLiC BEVErAGEs Complaint issued charging defendant within 30 days after the commission of 39:5-3 with violation of Title 39 Motor Vehicle the offense, a court must issue process and Traffic Law Violation including driving directed to a constable, police officer, or while intoxicated the chief administrator for the appearance or arrest of the person so charged Injury caused by sales to underage 2 years 2A:14-2 persons Injury caused pursuant to the service of 2 years 2A:14-2 alcohol Property seized as the result of an 1 year from date of seizure 33:1-66 investigation under the Alcoholic Beverages Law ANTITRUST Claim arising out of the Antitrust Act 4 years 56:9-14 ArCHitECTS Claim arising out of construction or 10 years after the performance or 2A14:1-1 planning furnishing of such services and construction © 2012 National Legal Research Group, Inc. 1 ArEA oF Law LimitAtions PEriod stAtutE AssAuLt Intentional tort claim 2 years 2A:14-2 Criminal prosecution 5 years 2C:1-6(b)(1) BAiL State prosecution of bail jumping 5 years 2C:1-6 BAnKs Actions arising out of violations of the Banking Act —Arising out of Bank Installment Loan within 2 years of date violation occurred 17:9A-59 —Arising out of a banks collection of within 2 years of date violation occurred 17:9A-59.13 excess interest rates or unlawful taking of security Action in the making or collection of a within 2 years of date the violation 17:9A-59.37 small business loan occurred Actions arising out of fund transfers —If the transfer is made with actual intent 4 years from date the transfer was made 25:2-31 to hinder or delay or defraud any creditor or incurred; if later, within one year after of the debtor or without receiving a the transfer was discovered reasonably equivalent value in exchange for the transfer or obligation, and the debtor (1) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (2) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they become due —A transfer made or obligation incurred 4 years after the transfer was made or 25:2-31 by a debtor whose claim arose before the incurred transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation A transfer made by a debtor is fraudulent 1 year 25:2-31 as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent Action arising out of a letter of credit within 1 year after expiration date of letter 12A:5-115 or 1 year after cause of action accrues, whichever is later © 2012 National Legal Research Group, Inc. 2 ArEA oF Law LimitAtions PEriod stAtutE BAnKs (ContinuEd) Action arising out of negotiable instruments —Action to enforce payment of note within 6 years of due date or, if 12A:3-118(a) payable at a definite time accelerated, accelerated due date —Action on note payable on demand within 6 years of demand, but if no 12A:3-118(b) demand no action may be filed after 10 years of continuous nonpayment of principal or interest —Obligation to pay an unaccepted draft within 3 years after dishonor of the draft 12A:3-118(c) or within 10 years of the date of draft, whichever occurs first —Action to enforce the obligation of within 3 years after demand for payment 12A:3-118(d) a party providing a certified, tellers, cashiers, or travelers check —Action to enforce the obligation of a within 6 years from due date if one is 12A:3-118(e) party to a certificate of deposit provided and, if not, within 6 years from entry —Action to enforce the obligation of a within 6 years after the due date or dates 12A:3-118(f) party to pay an accepted draft, other than stated in the draft or acceptance if the a certified check obligation of the acceptor is payable at a definite time, or within 6 years after the date of the acceptance if the obligation of the acceptor is payable on demand —Action for conversion of an instrument, within 3 years from date action accrues 12A:3-118(g) for money had and received, or like action based on conversion, for breach of warranty, or to enforce an obligation, duty, or right arising out of the U.C.C. BAttErY Intentional tort claim 2 years 2A:14-2 Criminal prosecution 5 years 2C:1-6(b)(1) BONDS Bonds given by constables within 4 years after the date of the bond 2A:14-18 Bonds given by municipal magistrates within 10 years after the date of the bond 2A:14-19 Bonds given by sheriff, county, or within 9 years after the date of the bond 2A:14-17 municipality Election approving school bonds 15 days from date of election Rule 4:69-6(1) Relating to insolvent debtors within 20 years after the date of the bond 2A:14-6 Review of any resolution or ordinance after 20 days from the date of the first Rule 4:69-6 authorizing the issuance of notes or bonds publication thereof following final passage of any municipality or other political subdivision © 2012 National Legal Research Group, Inc. 3 ArEA oF Law LimitAtions PEriod stAtutE CHiLdrEn Action on behalf of parent for injury to 2 years 2A:14-2.1 minor child Action on behalf of child for injury to minor 2 years from discovery of injury unless child medical malpractice at birth, and then, the claim must be brought by the time child turns 13 Child exploitation within 2 years after child reaches majority 2A:30B-6 Minor entitled to bring an action may commence action within such time as 2A:50-4 authorized by 2A:14-1 to-8 or 2A:14-16 to limited by those statutes, after his or her :14-20 or 2A:14-6 coming to age of 21 Uniform Interstate Family Support Act —State action for arrears of support 10 years or period under issuing state, 2A:4-30.107 whichever is longer Vaccine-related injury claims 3 years after the date of the occurrence of 42 U.S.C.