New Jersey Statute of Limitations Laws for Filing Claims

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New Jersey Statute of Limitations Laws for Filing Claims

The easiest way to get tripped up in filing a  New Jersey lawsuit is to blow the statute of limitations. Below is a brief summary of the statute of limitations on many of New Jersey most frequently filed claims of action. To learn more about your potential case and for a free consultation please call Corey P. Morano, Esq at 201-598-5019 today!

ACCOUNT STATED – 6 YEARS (N.J. Stat. Ann. § 2A:14-1 2011)

ANTITRUST – 4 YEARS (N.J. Stat. Ann. § 56:9-14 (2011))

BREACH OF CONTRACT

  • 6 YEARS for non-sales contracts (N.J. Stat. Ann. § 2A:14-1 (2011)); and
  • 4 YEARS for contracts for the sale of goods under the Uniform Commercial Code (N.J. Stat. Ann. § 12A:2-725 (2011)).

 

BREACH OF FIDUCIARY DUTY

  • 6 YEARS for a breach of fiduciary duty causing purely economic loss and is controlled by the substantive law governing the relationship (Balliet v. Fennell, 845 A.2d 168, 170, 172 (N.J. Super. Ct. App. Div. 2004))
  • 2 YEARS for a breach of fiduciary duty harming one’s physical or emotional well-being (Balliet, at 171).

BREACH OF WARRANTY – 4 YEARS (N.J. Stat. Ann. § 12A:2-725 (2011)).

 

CONSUMER PROTECTION STATUTES

  • 6 YEARS for claims under the New Jersey Consumer Fraud Act (Kennedy v. Axa Equitable Life Ins., Co., 2007 WL 2688881, at *2 (D.N.J. Sep. 11, 2007)).

 

CONVERSION

  • 6 YEARS for claims involving conversion of chattel (N.J. Stat. Ann. § 12A:14-1 (2011)
  • 3 YEARS for a claim involving conversion of a negotiable instrument (N.J. Stat. Ann. § 12A:3-118(g)

EMPLOYMENT (WHISTLEBLOWER) – 1 YEAR for claims filed under the Conscientious Employee Protection Act (N.J. Stat. Ann. § 34:19-5 (2011));

EMPLOYMENT (Discrimination)

  • 180 Days for claims filed under the Law Against Discrimination (N.J. Stat. Ann. § 10:5-18 (2011))
  • 2YEARS for civil cases filed in the Superior Court (Montells v. Haynes, 627 A.2d 654, 655 (N.J. 1993))

EMPLOYMENT (Workers’ Compenstion) – 2 YEARS petitions filed under the Worker’s Compensation Act (N.J. Stat. Ann. §§ 34:15-41 (2011) and 34:15-51 (2011)).

ENFORCEMENT OF JUDGMENTS

  • 20 YEARS for New Jersey judgments (N.J.Stat. Ann. § 2A:14-5 (2011)
  • For foreign judgments, the statute of limitations is the shorter of 20 years or the length of time to enforce the judgment in the foreign jurisdiction (N.J. Stat. Ann. § 2A:14-5 (2011)).
  • 20 YEARS for an execution concerning real estate, goods and chattel (N.J. Stat. Ann. § 2A:17-3 (2011)).

FRAUD – 6 YEARS(N.J. Stat. Ann. § 2A:14-1 (2011)).

NEGLIGENCE

  • 2 years for personal injury claims (N.J. Stat. Ann. § 2A:14-2 (2011))
  • 6 YEARS for property claims (N.J. Stat. Ann. § 2A:14-1 (2011)).

TRADE SECRET MISAPPROPRIATION – 6 YEARS (N.J. Stat. Ann. § 2A:14-1 (2011)).

UNFAIR COMPETITION – 6 YEARS for unfair competition claims under the common law and section 56:4-1 of New Jersey’s unfair competition statute

UNJUST ENRICHMENT – 6 YEARS (Jacobson v. Celgene Corp., 2010 WL 1492869, at *3 (D.N.J. Apr. 14, 2010)).

WRONGFUL DEATH AND SURVIVAL

  • 2 YEARS for wrongful death claims (N.J. Stat. Ann. § 2A:31-3 (2011)
  • New Jersey has no statute of limitations for a wrongful death action, if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent (N.J. Stat. Ann. § 2A:31-3 (2011)).
  • The statute of limitations is two years for survival actions (Thomas v. Correctional Med. Servs., Inc., 2009 WL 737105, at *3 (D.N.J. Mar. 17, 2009)).

The easiest way to get tripped up in filing a lawsuit is to blow the statute of limitations. Below is a brief summary of the statute of limitations on many of New Jersey most frequently filed claims of action. To learn more about your potential case and for a free consultation please call Corey P. Morano, Esq at 201-598-5019 today!

7 Responses

  1. sylvia byrd says:

    if you had a personal injury and had obtained a lawyer but the lawyer stated after having the case open for two years that the case was lost can you refile a claim with a different lawyer eventhough the two years statue of limitaions have passed. The time passed because of the time that the lawyer had the case open.This is the scenario, A friend was hit by a car, seriously injured including some brain injury. The lawyer stated that the case was lost in court which is very hard to believe. Most lawyers will not take a case amd drag it on for years if they cannot win. I suspect something unethical may have occured.aaaaa Can she refile oe reopen the case with another lawyer? What can be done if anything?

    • Ed says:

      Unfortunately her only recourse now that the statute of limitations has passed is likely to sue her former attorney for malpractice.

  2. corey says:

    Give me a call at 201-598-5019 for a free consultation. I’ll try to point you and your friend in the right direction.

  3. lyle diamond says:

    I own a 4000 sf 25 bed tanning salon in Raritan NJ which flooded . The policy was expiring on the day the Ins Co. called .They called me on my cell to let me know that I needed to pay the Ins Premium so I called my Credit Card Co. to have my credit limit increased and I paid the bill on the phone without the ability to review the policy .I reviewed the policy and the cover letter said I had 15 days to review the policy and make any changes .I sent a letter and called to add fllood Ins including sewer and drain backup. I had a flood and they denied my claim also denied the business income loos.the maximum flood coverage they offer was $25,000 and it was something new they were offering .I have maintained $25,000 coverage on al my salons since then .
    my cell is 732 261 4659

  4. michel says:

    can you tell me the statue of limitation to be sue for a credit card debt… on the credit report has the last payment 8/20/2007 so would the statue of limititaions start from that date and today is the 21 of aug 6 years later which i believe is the statue of limitation

  5. nicholas ferris says:

    legal representation base on breach of sales contract.i wait to hear from you if your firm take on such case.
    kind regards,
    Nicholas Ferris

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