## How the limitation period applies

The controlling primary authority for US-VI state tort claims act filing deadline SOL (33 V.I.C. § 3409(c)) is **33 V.I.C. § 3409(c)**.

> **33 V.I.C. § 3409(c).** (c) a claim to recover damages for injuries to property or for personal injury caused by the tort of an officer or employee of the Government of the United States Virgin Islands while acting as such officer or employee, shall be filed within ninety days after the accrual of such claim unless the claimant shall within such time file a written notice of intention to file a claim therefor, in which event the claim shall be filed within two years after the accrual of such claim. A claimant who fails to file a claim or notice of intention, as provided in the foregoing subsections, within the time limited therein for filing the notice of intention, may, nevertheless, in the discretion of the court, be permitted to file such claim at any time within two years after the accrual thereof, or in the case of a claim for wrongful death within two years after the decedent's death. The application for such permission shall be made upon motion based upon affidavits showing a reasonable excuse for the failure to file the notice of intention and that the Virgin Islands or its appropriate department or agency had, prior to the expiration of the time limited for the filing of the notice of intention, actual knowledge of the facts constituting the claim. The claim proposed to be filed, containing all of the information set forth in section 3410 of this title, shall accompany such application. No such application shall be granted if the court shall find that the Government of the United States Virgin Islands has been substantially prejudiced by the failure of the claimant to file such notice of intention within the time limited therefor. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [33 V.I.C. § 3409(c) — § 3409. Time of filing claims and notices of intention to file claims](https://law.justia.com/codes/virgin-islands/2019/title-33/subtitle-3/chapter-118/3409/)

All sources are official primary law published by `law.justia.com`.

**Corroboration method:** spa_subagent_dual_fetch.


If you’re pursuing a tort claim connected to the United States Virgin Islands (US-VI) government, the timing rules can be strict. The key question is no...

Statute of Limitations for State Tort Claims Act — Filing Deadline in United States Virgin Islands

The time period within which action for breach of a sales contract may be commenced is specifically provided at 11A V.I.C. § 2 — 725(1). That the Uniform Commercial Code's time limitation supercedes the general limitations is not questioned. Title 11A V.I.C. § 2 — 725(1) provides that an action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

the statute of limitations for cause of actions arising from a "contract or liability, express or implied," "except an action upon a sealed instrument," is six years. 5 V.I.C § 31(1)(C), (3)(A).

Under Virgin Islands law, the statute of limitations for torts, defined as “any injury to the person or rights of another not arising on contract,” is two years. 5 V.I.C § 31(5)(A);

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

the statute of limitations for a cause of action for legal malpractice is two years pursuant to 5 V.I.C. § 31(5)(A)

Civil actions shall only be commenced within the periods prescribed below after the cause of action shall have accrued, except when, in special cases, a different limitation is prescribed by statute: (1) Twenty years— (A) Actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the property in question within twenty years before the commencement of the action. (B) An action upon a judgment or decree of any court of the United States, or of any State, Commonwealth, or Territory within the United States. (C) An action upon a sealed instrument. (2) Ten years— (A) An action for any cause not otherwise provided for in this section. (3) Six years — (A) An action upon a contract or liability, express or implied, excepting those mentioned in paragraph (1)(C) of this section.

(c) a claim to recover damages for injuries to property or for personal injury caused by the tort of an officer or employee of the Government of the United States Virgin Islands while acting as such officer or employee, shall be filed within ninety days after the accrual of such claim unless the claimant shall within such time file a written notice of intention to file a claim therefor, in which event the claim shall be filed within two years after the accrual of such claim. A claimant who fails to file a claim or notice of intention, as provided in the foregoing subsections, within the time limited therein for filing the notice of intention, may, nevertheless, in the discretion of the court, be permitted to file such claim at any time within two years after the accrual thereof, or in the case of a claim for wrongful death within two years after the decedent's death. The application for such permission shall be made upon motion based upon affidavits showing a reasonable excuse for the failure to file the notice of intention and that the Virgin Islands or its appropriate department or agency had, prior to the expiration of the time limited for the filing of the notice of intention, actual knowledge of the facts constituting the claim. The claim proposed to be filed, containing all of the information set forth in section 3410 of this title, shall accompany such application. No such application shall be granted if the court shall find that the Government of the United States Virgin Islands has been substantially prejudiced by the failure of the claimant to file such notice of intention within the time limited therefor. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

For an FTCA claim against the United States, including one arising from events in the United States Virgin Islands, 28 U.S.C. § 2401(b) controls. A tort claim against the United States is barred unless it is presented in writing to the appropriate Federal agency within two years after the claim accrues, and any civil action is begun within six months after the agency mails notice of final denial by certified or registered mail. This receipt certifies only the statutory timing rule quoted in prim

In the U.S. Virgin Islands, a common-law fraud/deceit claim is treated as a tort claim governed by the two-year period in 5 V.I.C. § 31(5)(A). The fraud limitations period is deemed to commence from discovery of the fraud or mistake under 5 V.I.C. § 32(c).

In the U.S. Virgin Islands, a common-law fraud/deceit claim is treated as a tort claim governed by the two-year limitations period in 5 V.I.C. § 31(5)(A). The fraud limitations period accrues on discovery of the fraud or mistake under 5 V.I.C. § 32(c), in contrast to deceptive-trade-practices claims (12A V.I.C. § 101), which accrue on occurrence. Authority is established through D.V.I. and Third Circuit opinions applying the statute (no .gov primary publisher of the V.I. Code is available).

For a Federal Tort Claims Act claim against the United States, including one arising from events in the U.S. Virgin Islands, 28 U.S.C. § 2401(b) controls the limitations period. The claimant must (1) present the claim in writing to the appropriate Federal agency within two years after the claim accrues, AND (2) begin any civil action within six months after the agency mails notice of final denial by certified or registered mail. Both deadlines apply (Sconiers, 3d Cir. 2018). The District Court o

Federal Tort Claims Act SOL: tort claims against the US must be presented in writing to the appropriate federal agency within 2 years after the claim accrues. If the agency finally denies the claim, suit must be filed within 6 months of the mailing date of the denial notice (certified/registered mail). This is the exclusive remedy for tort claims against the federal government; VI local tort SOL (5 V.I.C. § 31(5)(A)) does not apply to FTCA claims.

In the U.S. Virgin Islands, a written contract claim is governed by the six-year statute of limitations in 5 V.I.C. § 31(3)(A), which covers actions arising from a 'contract or liability, express or implied,' except actions upon sealed instruments. The accrual date is the date of breach.

In the US Virgin Islands, a creditor's action to collect credit card or open revolving-account debt is a 'contract or liability, express or implied' claim subject to the six-year statute of limitations in 5 V.I.C. § 31(3)(A). The limitations period is not subject to the two-year tort limitation in 5 V.I.C. § 31(5)(A) because the claim sounds in contract, not tort. Accrual runs from the date of the account holder's default or breach.

In the U.S. Virgin Islands, legal malpractice claims sounding in tort (negligence/failure to exercise reasonable care) are governed by the two-year statute of limitations in 5 V.I.C. § 31(5)(A). The accrual trigger is the discovery rule: the period begins when the client knew or should have known of the attorney's negligence. A legal malpractice claim rooted in breach of a specific contractual promise is governed instead by the six-year period in 5 V.I.C. § 31(3)(A), but that exception is narrow

In the U.S. Virgin Islands, breach of warranty claims on contracts for the sale of goods are governed by the four-year statute of limitations in 11A V.I.C. § 2-725(1) — the USVI adoption of UCC Article 2. The period accrues when the breach occurs; for warranty claims, a breach occurs when tender of delivery is made (or when future-performance warranty breach is or should have been discovered). The D.V.I. held in Todman v. Supercar, Inc. (1979) that § 2-725(1) supersedes the general 5 V.I.C. § 31

Statute of limitations for ucc sale of goods united states in US-VI is 4 years under 11A V.I.C. § 2-725.

In the U.S. Virgin Islands a mortgage-foreclosure action is governed by 5 V.I.C. § 31: an action upon a contract or liability, express or implied, must be commenced within six (6) years under § 31(3)(A), while an action upon a sealed instrument (a mortgage executed under seal) carries the twenty-year period of § 31(1)(C).

Under Virgin Islands law, the statute of limitations for fraud begins running at the time the plaintiff discovered the defendant’s fraud concealed from plaintiffs the existence of their cause of action.