CHAPTER 2. SPECIFIC STATUTES OF LIMITATION
IC 34-11-2
Chapter 2. Specific Statutes of Limitation
IC 34-11-2-1
Employment related actions
Sec. 1. An action relating to the terms, conditions, and privileges
of employment except actions based upon a written contract
(including, but not limited to, hiring or the failure to hire, suspension,
discharge, discipline, promotion, demotion, retirement, wages, or
salary) must be brought within two (2) years of the date of the act or
omission complained of.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-2
Employment related action against the state of Indiana
Sec. 2. An action against the state of Indiana relating to the terms,
conditions, and privileges of employment (including, but not limited
to, hiring, suspension, discharge, discipline, promotion, demotion,
retirement, wages, or salary) must be brought within two (2) years of
the date of the act or omission complained of. This section does not:
(1) expand the time for initiating any action, including any
available administrative remedies; or
(2) excuse the exhaustion of administrative remedies where
required by the administrative orders and procedures law (IC
4-21.5).
As added by P.L.1-1998, SEC.6.
IC 34-11-2-3
Professional services related actions
Sec. 3. An action of any kind for damages, whether brought in
contract or tort, based upon professional services rendered or which
should have been rendered, may not be brought, commenced, or
maintained, in any of the courts of Indiana against physicians,
dentists, surgeons, hospitals, sanitariums, or others, unless the action
is filed within two (2) years from the date of the act, omission, or
neglect complained of.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-4
Injury or forfeiture of penalty actions
Sec. 4. An action for:
(1) injury to person or character;
(2) injury to personal property; or
(3) a forfeiture of penalty given by statute;
must be commenced within two (2) years after the cause of action
accrues.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-5
Real property recovery actions
Sec. 5. An action for the recovery of real property sold by
executors, administrators, guardians, or commissioners of a court,
upon a judgment, specifically directing the sale of property sought to
be recovered, brought by a party to the judgment, the party's heirs, or
any person claiming a title under a party, acquired after the date of
the judgment, must be commenced within five (5) years after the sale
is confirmed.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-6
Sheriffs or public officers; actions growing out of liability incurred
during official acts or omissions of duty
Sec. 6. An action against:
(A) a sheriff;
(B) another public officer; or
(C) the officer and the officer's sureties on a public bond;
growing out of a liability incurred by doing an act in an official
capacity, or by the omission of an official duty, must be commenced
within five (5) years after the cause of action accrues. However, an
action may be commenced against the officer or the officer's legal
representatives, for money collected in an official capacity and not
paid over, at any time within six (6) years after the cause of action
accrues.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-7
Six year limitation
Sec. 7. The following actions must be commenced within six (6)
years after the cause of action accrues:
(1) Actions on accounts and contracts not in writing.
(2) Actions for use, rents, and profits of real property.
(3) Actions for injuries to property other than personal property,
damages for detention of personal property and for recovering
possession of personal property.
(4) Actions for relief against frauds.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-8
Real property execution actions
Sec. 8. An action for the recovery of real property sold on
execution, brought by the execution debtor, the execution debtor's
heirs, or any person claiming under the execution debtor by title
acquired after the date of the judgment, must be commenced within
six (6) years after the sale. However, an action described in this
section must be commenced within ten (10) years after the sale, if the
sale occurred before September 1, 1982.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-9
Promissory notes, bills of exchange, or written contracts for
payment of money
Sec. 9. An action upon promissory notes, bills of exchange, or
other written contracts for the payment of money executed after
August 31, 1982, must be commenced within six (6) years after the
cause of action accrues. An action upon promissory notes, bills of
exchange, and other written contracts for the payment of money
executed on or after September 19, 1881, and before September 1,
1982, must be commenced within ten (10) years after the cause of
action accrues. However, all contracts described in this section that
have been executed before September 19, 1881, may be enforced
within the time only as they have to run, before being barred under
the law in effect at the time of their executions limiting the
commencement of actions, and not afterward.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-10
Enforcement of child support obligations
Sec. 10. An action to enforce a child support obligation must be
commenced not later than ten (10) years after:
(1) the eighteenth birthday of the child; or
(2) the emancipation of the child;
whichever occurs first.
As added by P.L.1-1998, SEC.6.
IC 34-11-2-10.5
Employment related action by volunteer firefighter or member of
volunteer emergency medical services association
Sec. 10.5. An action brought by a volunteer:
(1) firefighter; or
(2) member of a volunteer emergency medical services
association connected with a unit of government as set forth in
IC 16-31-5-1(6);
against the volunteer's political subdivision employer for being
disciplined for being absent from employment while responding to
an emergency must be commenced within one (1) year after the date
of the disciplinary action, as provided in IC 36-8-12-10.5(e).
As added by P.L.43-2005, SEC.1.
IC 34-11-2-11
Written contract actions
Sec. 11. An action upon contracts in writing other than those for
the payment of money, and including all mortgages other than chattel
mortgages, deeds of trust, judgments of courts of record, and for the
recovery of the possession of real estate, must be commenced within
ten (10) years after the cause of action accrues. However, an action
upon contracts in writing other than those for the payment of money
entered into before September 1, 1982, not including chattel
mortgages, deeds of trust, judgments of courts of record, or for the
recovery of the possession of real estate, must be commenced within
twenty (20) years after the cause of action accrues.
As added by P.L.1-1998, SEC.6. Amended by P.L.14-2000, SEC.69.
IC 34-11-2-12
Satisfaction of judgment after expiration of 20 years
Sec. 12. Every judgment and decree of any court of record of the
United States, of Indiana, or of any other state shall be considered
satisfied after the expiration of twenty (20) years.
As added by P.L.1-1998, SEC.6.