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What Is the Statute of Limitations in New Jersey?
In New Jersey, the statute of limitations sets a specific time limit for the state to prosecute a particular crime. They are usually barred from pursuing the case indefinitely if they fail to file the lawsuit within the specified period. Having statutes of limitations for different types of crimes and offenses helps guarantee the freshness and reliability of material evidence and witness testimony. They also minimise the indefinite threat of legal action.
How Long Is the Statute of Limitations in New Jersey?
In New Jersey, the deadline for plaintiffs to file civil lawsuits for most cases is six years. These include property damage, fraud, trespass, and written and oral contracts. Other cases of action with different time limits include personal injury claims (two years), sexual assault (seven years), judgments (twenty years), and more.
In New Jersey, the statutes of limitations for criminal cases typically depend on the nature and severity of offenses. Serious offenses such as murder, manslaughter, kidnapping, and sexual assault do not have time limits. Consequently, prosecutors in the state may indict defendants for these crimes at any time, regardless of when the offense occurred. Most indictable crimes have a five-year statute of limitations.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 1 year | Applies to disorderly persons offenses. |
| Felony | No limit for serious crimes (e.g., murder) 5 years for other indictable offenses | Fraud or misconduct may extend the period. |
| Infractions | Typically 1 year | Includes minor violations such as traffic offenses. May vary depending on the nature of the infraction. |
| Civil Statutes | 1 to 20 years, depending on claim type | Examples: Personal injury (2 years), breach of contract (6 years), medical malpractice (2 years from discovery), property damage (6 years), defamation (1 year), judgments (20 years). |
What Crimes Have No Statute of Limitations in New Jersey
Crimes with no statute of limitations in New Jersey include murder, manslaughter, sexual assault, and kidnapping. This means that state prosecutors may file charges for such crimes, regardless of the time since the offense occurred. The state views these crimes as severe offenses against human life and dignity. As a result, New Jersey seeks to ensure that offenders are held accountable regardless of when the crime occurred by prioritizing justice and public safety over time limits.
Criminal Statute of Limitations in New Jersey
In New Jersey, criminal statutes of limitations establish several time limits for prosecutors to file charges against offenders for different crimes. Failure to indict offenders within specified time limits typically results in dismissal of such cases.
New Jersey criminal statutes of limitations vary according to the severity of the crime. These time limits may be classified by offense type, such as felonies, misdemeanors, and specific crimes like fraud and assault.
Felonies (Indictable Offenses)
Typically, the statute of limitations for indictable offenses in New Jersey is five years (N.J.S.A. 2C:1-6). Such crimes include criminal sexual contact with a victim under 18 years of age and endangering the welfare of a child.
Misdemeanors
In New Jersey, disorderly persons offenses (lesser crimes) are equivalent to misdemeanors. Disorderly persons offenses typically have a one-year statute of limitations.
Specific Crimes
This category of offenses has special time limits, regardless of whether they constitute indictable crimes or not. For example, murder, sexual assault, manslaughter, and terrorism have no statute of limitations. Official misconduct (public corruption, bribery of public officials, and witnesses) is subject to a seven-year time limit. Fraud-related crimes have a five-year statute of limitations from the date of discovery.
In some instances, criminal statute limitations may be suspended (tolled) to allow prosecutors more time to pursue criminal charges. It may also be tolled if the alleged flees or evades arrest.
| Type of Problem or Case | Deadlines |
|---|---|
| Murder, Manslaughter, Sexual Assault, Kidnapping | No time limit |
| Official Misconduct | 7 years from the date of offense occurrence |
| Most Felonies (e.g., theft, burglary, fraud) | 5 years from the date of the offense occurrence |
| Crimes Involving Child Victims | 5 years from the victim’s 18th birthday or from the discovery of the offense |
| Disorderly Persons Offenses (Misdemeanors) | 1 year from the date of offense occurrence. |
Is There a Statute of Limitations on Attempted Murder?
The statute of limitations for attempted murder in New Jersey is five years. Indictable crimes, which are felony-level offenses, are subject to a 5-year time limit under New Jersey law (N.J.S.A. 2C:1-6). Since attempted murder is a first-degree indictable offense, the standard 5-year limit applies.
In contrast, New Jersey has no statute of limitations for murder. Prosecutors may bring murder charges at any time, regardless of how many years have passed.
Statute of Limitations on Sexual Assault in New Jersey
New Jersey no longer has time limits for prosecuting sexual offenses after eliminating its criminal statutes of limitations for sexual offenses in 1996. Therefore, New Jersey prosecutors may file charges for sexual crimes regardless of the passage of time.
In 2019, New Jersey extended the civil statute of limitations for sexual abuse claims. Key provisions of the law include:
- Survivors of sexual assault who were under 18 years when the alleged crime occurred may file civil lawsuits until they reach age 55, or within 7 years of discovery of damages—whichever is later.
- Adult victims (18 years and older) have seven years from the date of offense or seven years from the date of discovery, whichever is later, to file a lawsuit.
- Survivors of sexual abuse of any age, from December 1, 2019, to November 30, 2021, may file lawsuits regardless of how long ago the abuse occurred.
Civil Statute of Limitations in New Jersey
The most common statute of limitations for civil claims in New Jersey is six years. Civil lawsuits in this category include breach of contract claims (except those related to the sale of goods, which the Uniform Commercial Code governs), fraud, trespass, and debt collection. Exceptions to the two-year civil lawsuit deadline include rent collection (16 years) and collections on a judgment (20 years). Plaintiffs who file civil claims after the expiration of the relevant statute of limitations may have such legal actions dismissed.
In instances where a plaintiff is unable to file a lawsuit legally, the civil statute of limitations pauses (or is tolled) until they can do so. Typically, this occurs when the plaintiff is a minor. The statute of limitations begins to run when the individual attains the age of 18. Likewise, the civil lawsuit time limit for plaintiffs who are mentally disabled by law starts running once they regain their legal rights.
| Case | Time Since | The Law |
|---|---|---|
| Injury to a person | 2 years from the date of injury or discovery | N.J. Stat. § 2A:14-2 |
| Written Contracts (Non-UCC) | 6 years from the date of breach or offense | N.J. Stat. § 2A:14-1 |
| Assault and battery | 2 years from the date of the assault occurrence | N.J. Stat. § 2A:14-2(a) |
| Legal Malpractice | 6 years, subject to the discovery rule | N.J. Stat. § 2A:14-1 |
| Libel/Slander | 1 year from the date of the defamatory publication or utterance | N.J. Stat. § 2A:14-3 |
| Medical Malpractice | 6 years from the date of injury or discovery of injury | N.J. Stat. § 2A:14-2(b) |
| Enforcing court judgments | 20 years from the date of judgment | N.J. Stat. § 2A:14-5 |
Statute of Limitations for Medical Malpractice in New Jersey
Under N.J.S.A. 2A:14-2, plaintiffs have two years from the date of a malpractice occurrence or discovery to file their medical malpractice lawsuit. Medical lawsuits filed after the expiration of New Jersey’s medical malpractice claim deadline are typically dismissed.
New Jersey uses the "discovery rule" to determine when the "cause of action arises". According to this law, the two-year deadline for initiating a malpractice claim starts when the plaintiff "discovered" (or reasonably should have learned) that they had been injured as a result of medical negligence.
Common medical malpractice cases in New Jersey are medication, surgical, and anesthesia errors. Others include misdiagnosis and failure to diagnose, and birth injuries.
Statute of Limitations for Debt in New Jersey
Under N.J.S.A. § 2A:14-1, most debts in New Jersey have a six-year statute of limitations. Such debts include unpaid credit card debt, personal loans (written), medical bills, and oral agreements. In contrast, auto loans have a four-year statute of limitations for debt in New Jersey, while judgments (court orders) have a 20-year statute of limitations. These deadlines represent the amount of time within which creditors may bring a lawsuit against debtors to force them to pay their debts.
Once the statute of limitations expires, creditors can no longer use legal action to recover debts. However, if a debtor makes a payment or acknowledges the debt in writing, it may reset the clock, giving the creditor a new six-year period to file a lawsuit for debt recovery.
Debt Statute of Limitations in New Jersey
| Debt Type | Deadline |
|---|---|
| Credit Card | 6 years |
| Medical | 6 years |
| Auto Loan | 4 years |
| Personal Loan (written) | 6 years |
| Oral Contracts | 6 years |
| Mortgage | 6 years |
| Judgment | 20 years |
Statute of Limitations for Child Abuse and Child Support in New Jersey
Child Abuse Statute of Limitations New Jersey
New Jersey cancelled the criminal statute of limitations for most sexual crimes, including child sex abuse, in 1996. This means prosecutors may file criminal charges for such offenses regardless of their occurrence.
Non-sexual child abuse offenses have a 5-year time limit or may be prosecuted for 5 years after the victim's 18th birthday. For civil cases involving individuals sexually abused as minors, they may now file a lawsuit until age 55, or within 7 years of discovering the harm, whichever comes later.
Child Support Enforcement New Jersey
New Jersey law (N.J.S.A. 2A:17-56.67) backs child support until the automatic termination age of 19 years. The law may, however, extend child support up to 23 years in specific cases.
As of August 2025, New Jersey does not have a statute of limitations on collecting child support arrears. Therefore, there is no time limit on enforcing unpaid child support.
Information from the New Jersey Office of Child Support Services' website indicates that the state actively enforces child support through:
- Income withholding
- Tax refund and lottery intercepts
- License suspensions
- Liens or other court orders