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North Carolina

In North Carolina, the statute of limitations on a written contract is 3 years under N.C. Gen. Stat. § 1-52(1).

Written contract

3 yr

Oral contract

3 yr

Open account

—

Promissory note

6 yr

When does the clock start?

On breach/default. For a mutual, open and current account only, G.S. § 1-31 provides that where "there have been reciprocal demands between the parties, the cause of action accrues from the time of the latest item proved in the account on either side." Under G.S. § 1-26 a payment of principal or interest, or a signed written acknowledgment or promise, starts a new period.

What pauses it?

G.S. § 1-17 (plaintiff under 18, insane, or incompetent as defined in G.S. 35A-1101(7) or (8) at accrual — may sue within the limited time after the disability is removed); G.S. § 1-21 (defendant out of state at accrual, or departing and residing out of state or continuously absent one year or more; contains a borrowing proviso barring a claim already barred where it arose unless it originally accrued in favor of a North Carolina resident, and does not apply where North Carolina courts have long-arm jurisdiction under G.S. 1-75.4). NOT INDEPENDENTLY VERIFIED — I did not fetch G.S. 1-17 or 1-21.

Last reviewed 2026-07-26

This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.