West Virginia Statute of Limitations for Fraud
In West Virginia, the statute of limitations for fraud is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: W. Va. Code § 55-2-12.
- 2 years from discovery of the fraud.
What are fraud claims?
Claims arising from intentional deception or misrepresentation.
Details
2 years from discovery of the fraud.
General West Virginia Rules
West Virginia provides a long 10-year period for written contract claims and 2 years for most tort claims. Medical malpractice has a 10-year statute of repose. The West Virginia Medical Professional Liability Act requires a pre-suit screening certificate of merit.
Other Statutes of Limitations in West Virginia
Fraud in Other States
Frequently Asked Questions
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What is the statute of limitations for fraud in West Virginia?
The statute of limitations for fraud in West Virginia is 2 years. Citation: W. Va. Code § 55-2-12.
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When does the clock start for fraud in West Virginia?
2 years from discovery of the fraud.
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Can the statute of limitations for fraud be extended in West Virginia?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.