- Most contract and tort claims: 6 years from when the cause of action arose.
- Personal injury claims: generally 3 years from the injury, or from when the injured person knew of it.
- Enforcing a court judgment: 12 years.
- A written acknowledgement of a debt can restart the clock.
Why time limits exist
The law expects claims to be brought while evidence is still available, and protects people from facing old claims forever. In Singapore, most limitation periods are set out in the Limitation Act 1959.
If a claim is started after the limitation period has expired, the defendant can rely on that as a complete defence, regardless of the merits.
The main limitation periods
The general rules include:
- Breach of contract, including unpaid debts and loans: 6 years, usually from the date of the breach or the date payment fell due.
- Tort claims without personal injury, such as most negligence claims: 6 years, usually from the date the damage was suffered.
- Personal injury: 3 years from the date of the injury, or from the date the injured person knew the facts needed to bring a claim, if that is later.
- Actions on a court judgment: 12 years from when the judgment became enforceable.
These are general rules. Other statutes can set different periods for particular claims, and some types of claim have rules of their own.
When the clock starts
Time runs from when the cause of action 'accrues'. For a contract, that is usually when the contract was broken, not when it was signed. For a loan with a fixed repayment date, it is usually that date. For negligence, it is usually when the damage occurred, rather than when the careless act happened.
When time can be extended or restarted
The Limitation Act allows the period to be extended or postponed in certain situations. Examples include:
- Acknowledgement of a debt: a written acknowledgement by the debtor can restart the 6-year period. One firm notes that a part-payment can have the same effect.
- Fraud or concealment: where the other side concealed the relevant facts, time may only start when the claimant discovered, or could reasonably have discovered, them.
- Minors and people lacking capacity: time may not run against a person who was under 21 or lacked mental capacity when the claim arose.
Whether any of these applies depends on the facts, and an acknowledgement given after the period has already expired may not revive the claim. Advice should be taken on the specific situation.
A letter does not stop the clock
Sending a letter of demand does not stop time running. What protects the claim is filing it in court. Where the deadline is very close, the Rules of Court 2021 allow a claim to be filed first with the full Statement of Claim served shortly after.
Because preparing a claim takes time, it is safer not to wait until the last months of the limitation period.
Getting advice on your situation
Working out when time started to run, and whether any extension applies, can be difficult. A lawyer can check the relevant dates against your documents and tell you whether a claim may still be brought.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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