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What Is the Statute of Limitations for Breach Of An Oral Contract in West Virginia?

In West Virginia, the statute of limitations for breach of an oral contract is generally 5 years under W. Va. Code § 55-2-6.

5 YEARS
Breach of Oral Contract · West Virginia
✓ Verified Checked Sep 2026

Breach of an oral contract Deadlines in West Virginia

How long do you have to file a breach of an oral contract claim in West Virginia?

In West Virginia, the statute of limitations for breach of an oral contract is generally 5 years under W. Va. Code § 55-2-6.

When does the clock start for breach of an oral contract in West Virginia?

Five years on an unwritten contract — half the written-contract period but still generous.

Can the West Virginia deadline for breach of an oral contract be extended?

The section carves out partnership settlement actions between copartners and merchant-to-merchant trade accounts. The statute of frauds may bar certain oral agreements outright.

Is the deadline different if the claim is against the government in West Virginia?

Often, yes. Generally 2 years; political subdivision limits apply under W. Va. Code §§ 29-12A-6, 55-2-12. The West Virginia Governmental Tort Claims and Insurance Reform Act, ch. 29-12A, governs claims against political subdivisions and sets a two-year period in § 29-12A-6, alongside immunity provisions and damages caps. West Virginia does not impose a short unive…

How does West Virginia compare to other states for breach of an oral contract?

West Virginia's 5 years is in the middle of the range nationally. Across the 44 jurisdictions with a verified figure, the deadline for breach of an oral contract ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Breach of Oral Contract Cover?

Situations that typically fall under the breach of an oral contract deadline in West Virginia:

01 Verbal service or handshake agreements
02 Informal lending or repayment promises
03 Unwritten partnership or business arrangements
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Other Filing Deadlines in West Virginia

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed West Virginia attorney can tell you the deadline that applies to your situation.
See every filing deadline in West Virginia, or compare breach of an oral contract across all states.
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