New York Fraud Statute of Limitations: Civil, Criminal, Tolling

In New York, the fraud statute of limitations gives you six years from the date your civil claim accrued, or two years from when you discovered (or reasonably should have discovered) the fraud, whichever is later. Criminal fraud runs on separate clocks: five years for felonies and two years for misdemeanors. Several circumstances can pause these deadlines, including the defendant’s absence from the state, the victim’s age or mental capacity, and active-duty military service.

The Six-Year Civil Deadline

CPLR 213(8) controls civil fraud timing in New York. It requires any fraud-based lawsuit to be filed within six years of the date the cause of action accrued.¹ In most fraud cases, accrual happens when you actually suffer a loss because of the deception, not when the false statement was made. If someone tricked you into signing an overpriced contract in January 2020, your clock likely started that same month, when you entered the deal and parted with your money. You would have until January 2026 to file.

This six-year window covers fraudulent inducement, constructive fraud through breach of fiduciary duty, and other scenarios where one party’s intentional misrepresentation caused another financial harm. The deadline applies whether or not you knew about the fraud when it happened. That rigidity is where the discovery rule comes in.

The Two-Year Discovery Rule

The same statute builds in a safety valve for hidden fraud. If the deception was concealed and you did not learn about it until years later, you get two years from the date you discovered the fraud, or from the date you reasonably should have discovered it. Courts apply whichever period gives you more time: the six-year accrual window or the two-year discovery window.¹

Here is how the math plays out. If you were defrauded in 2019 and discovered it in 2022, you still have the rest of the original six-year period, until 2025, because that gives you more time than two years from discovery. But if you were defrauded in 2019 and did not uncover it until 2027, the original six-year window closed in 2025. The discovery rule rescues you, and you now have until 2029.

Courts will not let you use this extension if you ignored obvious signs. The standard is whether a “reasonably diligent” person in your position would have investigated. If your financial statements showed unexplained losses, a business partner dodged straightforward questions, or public records contradicted what you were told, the two-year clock may have started running before you officially confirmed the fraud. Judges look at the totality of the circumstances, and sitting on warning signs can shrink your window considerably.

Filing Stops the Clock

New York follows a commencement-by-filing system under CPLR 203. Your claim is timely when you file the initiating papers with the court, not when the defendant receives them.² If your deadline falls on March 15, you satisfy the statute of limitations by filing your summons and complaint with the court clerk on or before March 15, even if the defendant is not personally served for several more weeks.

This matters more than most people realize. Drafting a complaint, hiring an attorney, or sending a demand letter does none of the work of stopping the clock. Only the actual filing counts. If you are approaching a deadline, get the papers filed first and sort out service afterward.

Criminal Fraud Deadlines

Criminal fraud prosecutions operate on separate timelines under Criminal Procedure Law 30.10. The deadlines depend on the severity of the charge:

Felony fraud: the prosecution must begin within five years of the crime. This includes charges like first-degree scheme to defraud, a class E felony that applies when the scheme targets ten or more victims, involves property worth over $1,000, or targets vulnerable elderly people.
Misdemeanor fraud: the prosecution must begin within two years. Second-degree scheme to defraud, a class A misdemeanor, covers smaller-scale schemes targeting more than one person.

A prosecution “commences” when the prosecutor files an accusatory instrument (an indictment, criminal complaint, or information) in court. If the district attorney misses the window, the defendant can move to dismiss, and judges grant those motions routinely.³ Once the statute expires, the state loses the power to bring those charges regardless of the evidence.

CPL 30.10 also contains a special provision for fraud involving real property, including deed theft. Those prosecutions must begin within five years of the crime or within two years after the victim discovers the fraud, whichever comes later.³ This mirrors the civil discovery rule and reflects the reality that real estate fraud is often buried in paperwork for years.

Attorney General Fraud Actions

New York’s Attorney General has independent authority under Executive Law § 63(12) to bring fraud actions against businesses and individuals engaged in “repeated fraudulent or illegal acts” or “persistent fraud” in business dealings. These actions differ from private fraud lawsuits. The AG does not need to prove the defendant intended to deceive or that anyone justifiably relied on the misrepresentation. The statute defines “fraud” expansively to include any scheme to defraud, misrepresentation, concealment, false promise, or unconscionable contractual provision.

The statute of limitations for AG fraud actions under Executive Law § 63(12) is six years. The legislature restored this timeline in 2019 after the Court of Appeals had applied a shorter three-year period. The six-year window tracks the same general timeframe as private fraud claims under CPLR 213(8), though the substantive requirements the AG must prove are significantly lower.

When the Clock Pauses

Several circumstances can stop the statute of limitations from running. These tolling provisions are strictly procedural and require specific proof.

Defendant Outside New York

CPLR 207 addresses situations where the defendant is outside the state. If the defendant is already outside New York when your fraud claim accrues, the clock does not start until they enter or return to the state. If the defendant leaves after your claim accrues and stays away continuously for four months or more, that period of absence is excluded from the calculation. The same exclusion applies if the defendant lives in New York under a false name you do not know about.⁴

There is an important catch. CPLR 207 tolling does not apply when you can obtain jurisdiction over the defendant without personally delivering the summons inside New York. Because New York’s long-arm statute often allows courts to exercise jurisdiction over out-of-state defendants in fraud cases, especially when the fraud was directed at a New York resident, the absence-based tolling argument may fail even though the defendant physically left. This is a point where many people overestimate the protection CPLR 207 provides.

Minors and People With Mental Disabilities

CPLR 208 extends the filing deadline when the fraud victim is a minor or has a mental disability at the time the claim accrues. For fraud claims, which carry a six-year limitations period, the deadline is extended to three years after the disability ends if the original period would otherwise expire within that three-year window. For a child defrauded at age 12, the normal six-year deadline would arrive at age 18. Because that falls within three years of adulthood, the deadline extends to age 21.⁵

The statute caps extensions for mental disability at ten years from the date the claim accrued. That ten-year cap does not apply to minors, except in medical malpractice cases. A child defrauded at age five can rely on the extension without hitting the ten-year wall. For adults with mental disabilities, the ten-year limit ensures that even the longest-lasting incapacity cannot hold a claim open indefinitely.

Active-Duty Military Service

Under the federal Servicemembers Civil Relief Act, the period of a servicemember’s active-duty service is excluded from the statute of limitations calculation for any court action. This applies to both state and federal proceedings. If you are on active duty when a fraud claim accrues, the clock pauses for the duration of your service. The protection extends to actions brought by or against the servicemember as well as their heirs and legal representatives.⁶

Equitable Estoppel

Even without a statutory tolling provision, New York courts can prevent a defendant from hiding behind the statute of limitations through equitable estoppel. The defendant must have taken affirmative actions, separate from the original fraud, that kept you from filing on time. Mere silence does not qualify. Actively concealing evidence, lying about pending claims, or deliberately misleading you about the deadline can satisfy the standard. You carry the burden of showing exactly what the defendant did and how it prevented you from filing in time.

Criminal Tolling

Criminal fraud deadlines have their own tolling rules under CPL 30.10(4). If the defendant is continuously outside New York, or their whereabouts are continuously unknown and cannot be determined through reasonable effort, that time is excluded from the limitations period. The total extension from criminal tolling cannot exceed five years beyond the normal deadline. The prosecution also gets a reprieve when a case is properly started within the deadline but the accusatory instrument is later dismissed under circumstances that allow refiling; the time between the original filing and dismissal does not count against the clock.³

If the Deadline Passes

Missing the statute of limitations is usually fatal to a fraud claim. In a civil case, the defendant files a motion to dismiss, and courts grant it as a matter of law. You lose the right to pursue damages no matter how strong your underlying evidence is. Judges have very little discretion because the legislature set a hard cutoff.

The same principle applies in criminal cases. An expired statute of limitations gives the defendant grounds to dismiss the indictment or complaint, and the prosecution cannot refile for the same conduct. The defendant becomes permanently immune from criminal liability for those specific acts.

The only realistic path after a missed deadline is to argue that tolling applied and the clock has not actually expired. That is why tracking your accrual date, your discovery date, and any tolling events is critical from the moment you suspect fraud. Waiting to gather more evidence before filing is one of the most common and costly mistakes people make. File first, then build your case during discovery.

1
New York State Senate. New York Code CVP Article 2 – 213
2
New York State Senate. New York Code CVP 203 – Method of Computing Periods of Limitation Generally
3
New York State Senate. New York Criminal Procedure Law 30.10 – Timeliness of Prosecutions; Periods of Limitation
4
New York State Senate. New York Code CVP 207 – Defendant’s Absence From State or Residence Under False Name
5
New York State Senate. New York Code CVP 208 – Infancy, Insanity
6
Office of the Law Revision Counsel. 50 USC 3936 – Statute of Limitations