DC Small Claims Statute of Limitations: Filing Deadlines by Claim Type

The Filing Deadlines

DC's statutes of limitations for civil claims are set by D.C. Code § 12-301. A defendant may raise a limitations defense; if the court finds the claim is time-barred and no exception applies, it may dismiss the claim.

Here are the windows that apply to small claims:

The three-year window covers many DC small claims, including simple service contracts, security deposit claims, and property damage. Contracts for the sale of goods are governed separately by D.C. Code § 28:2-725, which generally sets a four-year period and has different accrual rules for warranty claims.

When the Clock Starts

The statute of limitations begins running on the date the cause of action "accrues" — the moment the breach occurs, the injury is sustained, or the financial obligation defaults. A few examples:

Breach of contract: The clock starts when the other party fails to perform. If a contractor was supposed to finish work by March 1 and walked off the job, your three years start on March 1.

Sale of goods: A contract for sale is generally subject to a four-year deadline under D.C. Code § 28:2-725. A warranty claim usually accrues when the goods are delivered, even if the defect is discovered later; if an express warranty extends to future performance and discovery must await that performance, the claim accrues when the breach is or should be discovered.

Security deposit: Identify which deadline the landlord had to meet under 14 DCMR § 309: within 45 days after the tenancy ended, return the deposit and interest or send written notice of intent to withhold; after a timely notice, refund the balance and provide an itemized statement within 30 days. The accrual date depends on which obligation was breached.

Property damage: The clock starts when the injury is sustained, such as the date of the car accident or the date a tree fell on your fence.

Unpaid invoice: The clock starts on the date payment was due under the agreement. If the invoice was net-30 and was issued on April 1, the three years start on May 1.

What Doesn't Pause the Clock

Sending a demand letter does not toll, pause, or extend the statute of limitations. Neither does negotiating with the other party, filing a complaint with a consumer protection agency, or waiting for a return call from legal aid.

This catches many people: they spend months trying to resolve a dispute informally, and by the time they decide to file in court, the deadline has passed or is uncomfortably close.

If your statute of limitations is approaching, file first. You can continue negotiating after the case is filed — many cases settle through mediation at the initial hearing. Filing preserves your claim while you work toward resolution.

What Happens If You File Too Late

The defendant can raise the statute of limitations as a defense. If the court finds the claim was filed after the applicable deadline and no exception applies, it may dismiss the claim. Do not assume that a late claim can be refiled; identify the accrual date and applicable deadline before filing.

Note that a rejected filing does not preserve the deadline. If you submit a Statement of Claim but the clerk rejects it for formatting errors, missing fees, or incomplete documents, the clock keeps running until a valid filing is accepted.

Practical Advice

Calculate your deadline from the accrual date and work backwards. If your three-year window closes on September 15, 2027, don't plan to file on September 10 — rejected filings, court closures, and unexpected delays can push you past the line.

For a filing timeline tool, deadline calendar, and the complete step-by-step process, our DC Small Claims Filing Guide helps you track every critical date.

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