The periods in West Virginia
| Claim | Period | Statute | From March 15, 2026 |
|---|---|---|---|
| Written contract | 10 years | W. Va. Code § 55-2-6 | March 15, 2036 |
| Oral contract | 5 years | W. Va. Code § 55-2-6 | March 15, 2031 |
| Property damage | 2 years | W. Va. Code § 55-2-12(a) | March 15, 2028 |
In West Virginia, the time limit to sue is 10 years for a written contract, 5 years for an oral contract and 2 years for damage to property. Each period runs from the date the claim arises, which statutes usually call the date the cause of action accrues; in the ordinary case that is the day of the breach or the damage.
A written contract: W. Va. Code § 55-2-6 reads “upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal.”
An oral contract: W. Va. Code § 55-2-6 reads “if it be upon any other contract, express or implied, within five years.”
Damage to property: W. Va. Code § 55-2-12(a) reads “Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property.”
Putting the agreement in writing adds 5 years: 10 years for a written contract against 5 years for an oral one, a ratio of 2 to 1.
Worked dates for a claim that arose on March 15, 2026: a written contract reaches its 10 years on March 15, 2036, an oral contract reaches its 5 years on March 15, 2031 and damage to property reaches its 2 years on March 15, 2028. Tolling rules (for example while a defendant is out of state, or for a minor) can extend a period, and some claims run from when the harm was discovered; the dates show the plain count only.
Among the 34 jurisdictions verified here, 0 allow longer than 10 years on a written contract and 28 allow less (median 6 years). For property damage, 0 of 33 give less than West Virginia's 2 years (median 3 years). Kentucky has the same three periods.
Neighbouring states with verified periods (written / oral / property): Kentucky 10 / 5 / 2, Maryland 3 / 3 / 3, Ohio 6 / 4 / 2 and Virginia 5 / 3 / 5. Which state's period applies to a dispute that crosses a border is itself a legal question.
The ten-year period in § 55-2-6 covers a written contract signed by the party being sued (or that party's agent); other contracts, written or not, take five years.
The time limit is the same whichever court hears the case. A claim of $20,000 or less can be filed in West Virginia small claims (small claims limit), and it must still be filed inside the period above.
Sources: West Virginia Legislature, W. Va. Code § 55-2-6; West Virginia Legislature, W. Va. Code § 55-2-12 · last checked October 21, 2026.
Before the deadline
A limitation period is a cut-off for filing, not a measure of whether a claim is good. The guide on how limitation periods work explains accrual, tolling and the difference between written and oral contracts, and the small claims filing guide covers the next step.
Questions
What is the statute of limitations for breach of contract in West Virginia?
10 years for a written contract (W. Va. Code § 55-2-6) and 5 years for an oral one (W. Va. Code § 55-2-6).
How long do I have to sue for property damage in West Virginia?
2 years under W. Va. Code § 55-2-12(a).
When does the clock start?
When the cause of action accrues, usually the date of the breach or the damage. A claim that arose on March 15, 2026 reaches the West Virginia periods on March 15, 2036 (a written contract), March 15, 2031 (an oral contract) and March 15, 2028 (damage to property).