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

Miss the statute of limitations and your case is dead — no matter how strong your evidence. Washington's filing deadlines range from 3 to 6 years depending on the type of claim, and once the clock runs out, the court will dismiss the case on the defendant's motion.

Filing Deadlines by Claim Type

Written contracts — 6 years under RCW 4.16.040(1). The clock starts on the date of breach: a missed payment, a failure to deliver, or a refusal to perform. Signed agreements, purchase contracts, and written invoices with payment terms all fall here.

Oral contracts — 3 years under RCW 4.16.080(3). If the agreement was verbal with no signed document, you have half the time. This includes handshake deals, verbal quotes, and phone agreements.

Property damage — 3 years under RCW 4.16.080(2). This includes tort claims for damage such as a vehicle or other property loss. The clock starts on the date the damage occurred.

Waste and trespass on real property — 3 years under RCW 4.16.080(1). The 3-year period starts from the date of the physical encroachment or damage.

Security deposit disputes — 3 years under RCW 4.16.080. But the trigger isn't when you moved out. Under RCW 59.18.280, the landlord has 30 days after you vacate and surrender keys to return the deposit or provide an itemized statement. The 3-year clock starts after that 30-day window expires.

When the Clock Starts (and What Doesn't Stop It)

The statute of limitations is "tentatively commenced" — meaning tentatively paused — when you file Form MISC 05.0100 with the District Court clerk under RCW 4.16.170. But to permanently toll the statute, you must serve the defendant within 90 days of filing.

These common actions do not stop the clock:

• Sending a demand letter
• Calling the court clerk
• Participating in voluntary mediation
• Negotiating with the defendant

If you're within weeks of the deadline, file first and send the demand letter simultaneously. Don't let negotiations run past the expiration date.

What Happens If You're Close to the Deadline

File immediately. You can always dismiss the case later if the defendant pays, but you can't file after the statute expires. The filing fee is $35 to $50 — far cheaper than losing your right to sue.

If you're unsure whether your deadline has passed, identify the applicable trigger (the breach, the damage, or 30 days after you vacate and surrender the keys for a security deposit claim) and verify the filing date for your specific claim.

Claims With Different Limitation Periods

Some disputes involve multiple claim types with different deadlines. A contractor who breached a written contract (6 years) and caused property damage during the work (3 years) could leave you with a live contract claim but a dead property damage claim if you wait too long.

File based on the shortest applicable deadline to protect all your claims.

Track Your Deadlines

Our Washington Small Claims Filing Guide includes a deadline calendar that helps you calculate your specific filing deadline and build a timeline backward from your hearing date.

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