## How the limitation period applies

The controlling primary authority for US-FED unjust enrichment restitution SOL (28 U.S.C. § 1658(a)) is **28 U.S.C. § 1658(a)**.

> **28 U.S.C. § 1658(a).** may not be commenced later than 4 years after the cause of action accrues

## 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

- [28 U.S.C. § 1658(a) — 28 U.S.C. § 1658(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1658&num=0&edition=prelim)

All sources are official primary law published by `uscode.house.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


In U.S. federal practice, unjust enrichment and restitution claims are often litigated under theories that share a common practical constraint: the claim...

Statute of Limitations for Unjust Enrichment / Restitution in United States (Federal)

A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier

if the cause of action accrues on or after May 14, 1947-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

(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.

Except as provided in section 2414 of this title, a civil action or proceeding for money damages brought by the United States shall be barred unless the complaint is filed within 6 years after the right of action accrues.

Under 28 U.S.C. § 2401(b), a tort claim against the United States (which encompasses property-damage tort claims, including damage to personal property, brought under the Federal Tort Claims Act) is forever barred unless (i) it is presented in writing to the appropriate Federal agency within two years after the claim accrues and (ii) any civil 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. The ve

Under 28 U.S.C. § 2401(b), a tort claim against the United States — which encompasses medical-malpractice tort claims brought under the Federal Tort Claims Act against federal medical providers such as VA hospitals, military medical facilities, and Indian Health Service facilities — is forever barred unless (i) it is presented in writing to the appropriate Federal agency within two years after the claim accrues and (ii) any civil action is begun within six months after the date of mailing, by ce

Under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), a tort claim against the United States is forever barred unless presented in writing to the appropriate federal agency within two years after the claim accrues.

An FLSA wage and hour claim must be commenced within two years after the cause of action accrued (three years for a willful violation) under 29 U.S.C. § 255(a).

The period of limitation is equitably tolled for any time during which the official of the United States responsible for prosecuting the action is unable to provide for its prosecution.

If the action is brought under the Internal Revenue Code, the period of limitation is 2 years.