Limitation Period for a County Court Money Claim in England and Wales

You have been owed money for years and you are finally ready to sue. The first question is whether you still can. The Limitation Act 1980 puts a hard time limit on county court money claims, and missing it hands the defendant a complete defence — no matter how strong your evidence is.

The six-year rule

Section 5 of the Limitation Act 1980 gives you six years to issue a claim for breach of a simple contract (which covers most debts, unpaid invoices and deposit disputes). Section 2 gives the same six years for tort claims — such as property damage or negligence.

The clock starts on the date the "cause of action accrued," which in plain terms means:

• Unpaid invoice — the day after the payment was due (e.g. if your terms say "payment within 30 days" of a 1 January invoice, the cause of action accrues on 1 February)
• Deposit not returned — the date repayment became due under the tenancy agreement or applicable scheme process; there is no universal ten-working-day deadline after a tenancy ends
• Faulty goods — the date the goods were delivered (for a breach of the implied term of satisfactory quality under the Consumer Rights Act 2015), even if the fault appeared later
• Property damage — the date the damage occurred

You must issue your claim at court — not just send a letter before action — before the six years expire.

What resets the clock

Under sections 29 and 30 of the Limitation Act 1980, two things restart the six-year period from scratch:

1. A written acknowledgment of the debt signed by the debtor — it must acknowledge the debt in writing and be signed; an unsigned email does not automatically qualify, even if its wording is clear.
2. A part payment — any payment toward the debt before the six years expire restarts the clock from the date of that payment.

Informal discussions, verbal promises or complaints to an ombudsman do not pause or extend the limitation period.

What happens if you are late

Limitation is a procedural defence. The court will not reject your claim form automatically — the court office does not check dates. But if the defendant files a defence raising the limitation argument, the court will normally strike out the claim.

Importantly, the expiry of the limitation period bars the remedy (you lose the right to sue) but does not extinguish the underlying debt. The money is still owed in theory; you simply cannot use the court to recover it.

Special cases

Debts under deed — if the contract was executed as a deed (e.g. a mortgage or certain property-related agreements), the limitation period is twelve years under section 8 of the Limitation Act 1980, not six.

Claims involving a minor — a defendant being under 18 does not pause the limitation period. Section 28 extends time where the person bringing the claim was under a disability when the cause of action accrued.

Fraud or deliberate concealment — under section 32, the limitation period does not begin until the claimant discovered (or could reasonably have discovered) the fraud.

Personal injury — a three-year limitation period applies under section 11, not the standard six years. But personal injury claims above £1,500 in general damages go to the fast track, not the small claims track.

Practical steps before time runs out

Sending a letter before claim does not stop the limitation clock. If the deadline is close, get prompt legal advice about issuing in time and the applicable pre-action steps; a court may address non-compliance through case management or costs. The parties can ask the court to stay proceedings by agreement while they complete pre-action steps.

The County Court Money Claim Guide includes a limitation calculator and a deadline log so you can track exactly when your right to sue expires and plan your filing timeline.

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