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What Is the Statute of Limitations in North Carolina?
The Statute of Limitations in North Carolina typically defines the time limit for filing a lawsuit in civil cases or the period prosecutors in the state have to bring criminal charges against a suspect. These deadlines may differ from case to case depending on the type of offense, and after they expire, legal action is usually no longer an option.
The main intention of installing these deadlines is to promote fairness in legal matters. Over time, various aspects of a case may change, including evidence, witnesses, and other relevant factors. A clear deadline allows cases to be decided using reliable evidence and testimonies rather than outdated or unreliable ones later. These processes will enable the justice system to balance the rights of plaintiffs or victims with the need to provide a defendant with a quick and fair trial.
How Long Is the Statute of Limitations in North Carolina?
The statute of limitations for a civil lawsuit in North Carolina is covered by Chapter 1, Article 5 of North Carolina’s General Statutes. For Misdemeanors, the statutes of limitations are covered in North Carolina General Statute 15-1. The rule for felonies is quite simple: there are no statutes of limitation for felonies, and they may be charged at any time in North Carolina. The regulations set down in these laws determine the time limits for filing a lawsuit in North Carolina. For example, the statute of limitations for general misdemeanors in North Carolina is 2 years, while the limit for Malicious misdemeanors is 10 years. For civil cases, the statute of limitations is 3 years for personal injury claims or fraud.
The table below provides more statutes of limitations for criminal and civil lawsuits in North Carolina.
| Case Type | Statute of Limitations | Notes/Law |
|---|---|---|
| Misdemeanors | Between 2 and 10 years | The statute may be increased for Class A misdemeanors and other malicious misdemeanors. North Carolina G.S. § 15-1 |
| Felonies | No statute of limitations | No written statute of limitations, but the state government makes it clear that felonies may be prosecuted at any time, even after decades |
| Civil cases | Between 6 months and 12 years | The Statute of limitations for civil lawsuits varies according to the type and seriousness of the cases. North Carolina General Statutes Chapter 1, Article 5 |
What Crimes Have No Statute of Limitations in North Carolina
While many crimes and legal claims have strict time limits or deadlines for legal action, certain offenses have no statutes of limitations and may be prosecuted regardless of how much time has passed. For example, felonies generally have no deadlines and may be charged at any time in North Carolina. Examples of crimes with no statute of limitations in North Carolina include the following:
- Treason
- Terrorism
- Kidnapping
- Sexual abuse of children
- Rape
- Attempted Murder
- Murder
Criminal Statute of Limitations in North Carolina
The criminal statute of limitations in North Carolina establishes the deadlines for prosecutors in the state to bring charges against individuals accused of committing alleged crimes. Typically, these deadlines vary according to the type and seriousness of the crime. A crime may not be prosecuted, or the case may be dismissed if the statute of limitations deadline expires before the charges are filed.
- Misdemeanors: Misdemeanors are typically less serious crimes, including petty larceny, simple assaults, and disorderly conduct. The general misdemeanor statute of limitations for North Carolina is 2 years.
- Malicious Misdemeanors: These are more serious crimes and include child abuse, sexual battery, Sexual abuse of a child, and failure to report crimes against minors. These carry a statute of limitations of 10 years to no time limit.
- Felonies: Felonies include murder, rape, and treason. There is generally no statute of limitations or felony time limit in North Carolina, meaning that prosecutors may file charges against these crimes at any time.
Certain circumstances may cause the statute of limitations clock to pause, a process known as tolling. If a suspect flees the state or hides, intending to avoid prosecution, the clock pauses until they return to North Carolina or are found.
| Type of Offense | Statute of Limitations |
|---|---|
| Murder. This is the unlawful taking of the life of another human being. Classified into 1st and second degree. | No statute of Limitations in North Carolina. |
| Child Abuse. The inflicting of serious physical injury on a minor less than 16 years old. N.C.G.S. § 15-1 | 10 years |
| Sexual Battery. The engaging of sexual contact with another individual by force or against their will. This includes victims who are mentally or physically disabled. N.C.G.S. § 15-1 | Serious sexual crimes may vary from 10 years to no limit, depending on the case |
| Petty Larceny. This is theft of any item with a value of $5 or less. N.C.G.S. § 15-1 | 2 years |
| Kidnapping. The unlawful confining, restraining, or removing of a person from one place to another without their consent. | No statute of limitations. It may be prosecuted at any time. |
Is There a Statute of Limitations on Attempted Murder?
No, there is no statute of limitations for attempted murder in North Carolina. The statute of limitations laws of North Carolina generally only apply to misdemeanors; all felonies, such as attempted murder, have no statute of limitations. This means that, like other felonies, including murder and rape, suspects of attempted murder may be prosecuted whenever they are caught, no matter how long has passed.
Statute of Limitations on Sexual Assault in North Carolina
North Carolina classifies most sexual offenses, such as rape, sexual abuse of a child, and sexual assault, as felonies. This means that under the law, there is no sexual assault statute of limitations in North Carolina, and these offenses may be prosecuted no matter how long has passed. This holds whether the survivor is an adult or a child. This also means there is no need for a rape reporting deadline in North Carolina, as these offenses may be reported and prosecuted at any time.
For civil cases, the statute of limitations differs depending on whether the survivor is an adult or a child. Adults over the age of 16 have 3 years to file a claim. Minors under the age of 18 at the time of the abuse have until they turn 28 years to file a civil claim.
These extended time frames for reporting and filing sexual abuse claims in North Carolina recognize the fact that, due to various factors, including fear, shame, and trauma, victims may take a long time to come forward.
Civil Statute of Limitations in North Carolina
When considering how long you have to sue in North Carolina, interested parties must consider the civil statute of limitations in North Carolina. These civil lawsuit deadlines for North Carolina may differ according to the type of claim, and set the deadline for taking legal action in civil matters. These statutes of limitations must be considered when filing for civil claims in issues such as personal injury, contract breach, and defamation. Learning about these deadlines is important because if the claim is brought after the deadline expires, the case will usually be dismissed, no matter how solid it is.
The courts in North Carolina typically acknowledge that certain factors may affect deadlines by extending or pausing them.
- A defendant leaving the state may cause the statute of limitations timer to pause until they return, thereby extending the deadline to sue
- For legally incapacitated parties or minors, the statute of limitations clock will not start until legal capacity is restored or the minor turns 18.
- If the defendant was actively concealing the wrongdoing, the time limit may be extended to reflect that.
| Type of Case | Statute of Limitations |
|---|---|
| Property Damage refers to the damage or destruction of either personal property or real problem. N.C.G.S. § 1-52(4) | 3 years |
| Fraud refers to the action of obtaining personal information or property using intentional acts of theft, coercion, and deceit. N.C.G.S. § 1-52(9) | 3 years |
| Defamation(Slander and Libel). This is the process of damaging a person’s reputation using a false statement, either written or spoken. N.C.G.S. § 1-54(3) | 1 year |
| Personal Injury refers to physical, mental, and emotional harm inflicted on a person due to intentional actions or negligence of someone else. N.C.G.S. § 1-52(16) | 3 years |
| Wrongful death. This is defined as death caused by another person’s wrongful act, recklessness, or negligence. Where the dead would have had cause to sue if they lived. N.C.G.S. § 1-53(4) | 2 years |
Statute of Limitations for Medical Malpractice in North Carolina
The medical malpractice statute of limitations for North Carolina sets strict deadlines for how long to sue a doctor in the state. According to N.C.G.S. § 1-15(c), the general medical malpractice claim deadline in North Carolina is 3 years from the date of the event. For example, if a misdiagnosis occurred on March 1st, 2023, the claim must be filed at the latest by March 1st, 2026.
Medical malpractice claims in North Carolina observe a limited discovery rule that allows patients additional time to file in some instances.
- If a foreign item was forgotten in the body, the patient must have their suit within a year of its discovery. There is a maximum deadline of 10 years from the date of the procedure to claim.
- When the injury or issue was not immediately evident, the statute of limitations allows patients to file up to a year after the date it was discovered or reasonably should have been apparent or discovered.
- For wrongful death through medical malpractice, the claim must be filed within 2 years of the death date, even though that may be before the typical medical malpractice statute.
While North Carolina does not typically require patients to send prior notice to doctors of a claim, the plaintiff must file a Rule 9(j) certification. This certification confirms that the case and all relevant records have been reviewed by a qualified medical expert witness who believes the case has merit. This helps to sift out frivolous cases and make certain there is a basis for the case.
| Case Type | Description | Deadline |
|---|---|---|
| Standard medical malpractice | Includes poor care, staff negligence, wrong medication, and incorrect dosage | 3 years |
| Wrongful death | Negligence of hospital staff led to the death of the patient | 2 years from the death date |
| Foreign object in the patient’s body | A foreign object, like a cloth or a surgical tool, was forgotten in the patient after a procedure | 1 year from the date of discovery. 10 years total from the date of the procedure |
| Late discovery of injury or illness | The doctor discovered an injury/illness late | 1 year after patient discovery. Maximum of 4 years |
Statute of Limitations for Debt in North Carolina
How long a debt may be collected in North Carolina is determined by the debt statute of limitations. Under the regulations, debts include personal loans, unpaid credit card debt, car/auto loans, and unpaid medical bills. The statutes of limitations for collecting these debts via legal claims may vary from 3 to 5 years, according to the type and size of the debt. Once the statute deadline expires, the debt may still exist, but creditors may no longer be able to use the legal system to enforce repayment. Although the deadline may have passed, the debt may still remain on the debtor’s credit report for up to 7 years.
Although creditors are given a limited time to sue under the debt statute of limitations for North Carolina, specific actions may reset the clock. Making payments, entering payment plans, or acknowledging a debt in writing may reset the statute of limitations timer and give creditors additional time to file a claim.
| Type of debt | Statute of limitations |
|---|---|
| Personal loans (N.C.G.S. § 25-3-118) | 3 to 10 years, depending on the type of loan |
| Medical bills (N.C.G.S. § 1-52(1)) | 3 years |
| Credit card debt (N.C.G.S. § 1-52(1)) | 3 years |
| Auto loans (UCC § 25-2-725) | 4 years |
Statute of Limitations for Child Abuse and Child Support in North Carolina
The child abuse statute of limitations in North Carolina sets the deadline for litigation in child abuse cases. These time limits may vary depending on whether it is a criminal or civil claim.
Criminal sex offenses against a child, such as rape and sexual assault, are considered felonies in North Carolina. They are so serious that they do not have a statute of limitations and may be prosecuted at any time. The law prioritizes victims in such cases and recognizes that children may not be able to report such crimes until they are older.
Survivors of child abuse may file a civil suit seeking damages under N.C.G.S. § 1-17. In cases of personal injury, a minor may typically file a civil claim for physical injury through abuse until three years after they turn 18 years old. The deadline was extended for sexual abuse of a minor claims under the SAFE Child Act in 2019, and survivors may now file civil suits for sexual abuse claims until they turn 28 years old.
There are severe regulations for child support enforcement in North Carolina, as this may directly affect a child’s welfare. Unpaid child support/arrears are not erased or removed. Once the court order for child support is placed, it becomes a continuous commitment until it is fully paid. The courts use several enforcement tools to ensure that back payments of child support are collected in full, including the following:
- Back account seizure
- Garnishing of wages
- Tax refund seizure
- Driver’s license suspension
Although there is a 10-year statute of limitations for enforcing court judgments, such as child support, each unpaid payment becomes a new judgment, so the deadline never really expires until it is collected in full.