How long do I have to sue someone who owes me money?
Short answer
In Quebec, the general limitation period for bringing a personal action is 3 years (art. 2925 of the Civil Code of Québec), but depending on the nature of the claim that period can range from 2 weeks to 10 years. Once the period has expired, the right to claim is extinguished.
In detail
The Gouvernement du Québec stresses how much this varies: “depending on the nature of your claim, the time limit for bringing an action can range from 2 weeks to 10 years”. The general 3-year period in article 2925 of the Civil Code covers most claims for money between individuals and with merchants, but it does not cover everything.
The starting point matters as much as the length. The official examples: for a debt, the period runs from the moment repayment can be demanded; for goods that were not paid for, from the moment payment was due; for a service that was not paid for, from the moment the service was provided; for a latent defect, from its discovery, or, where the defect appears gradually, from the moment the buyer can suspect how serious the problem is; for damage, from the moment of the fault where the damage occurs at the same time, or from the moment it begins to appear if it appears gradually.
One detail often comes as a surprise: the judge does not raise the limitation period on their own. It is up to the defendant to argue that the period has expired. That does not make the deadline theoretical — the other party only has to raise it once for the claim to fall.
What to document
The exact date of the event that starts the clock: the date payment was due, the date the service was provided, the date you discovered the problem. Write it down when it happens, together with whatever establishes it (invoice, email, report). Reconstructing that date years later is the most common problem.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Time limit for filing a lawsuit (limitation period) — Gouvernement du Québec
- Civil Code of Québec, art. 2925 — Légis Québec
- Time limit for filing a small claims lawsuit — Gouvernement du Québec
Related questions
- What is the time limit to sue for a latent defect?
- How much does it cost to file a small claims application?
- Will I get my court costs back if I win?
- Which courthouse do I have to file my application in?
- How do I find a business's real legal name to sue it?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.