Legal Deadlines in NY & NJ Business Litigation | JDE Law Firm

“Is It Too Late to Enforce This?” What Business Owners Get Wrong About Legal Deadlines

By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC

A client walks in with a contract breach. Missed payments. Broken terms. Clear damages.

Then I ask, “When did this happen?”

The answer — “A few years ago” — changes everything.

Legal Rights Don’t Last Forever

In New York and New Jersey, most business claims come with a . Wait too long, and you can lose the right to sue — no matter how strong your case was at the start.

Common deadlines include:

  • 6 years — written contracts (NY & NJ)
  • 4 years — sale of goods under the UCC
  • 3 years — some torts or oral agreements
  • Shorter periods — in lease, insurance, or indemnity clauses

And those deadlines don’t reset just because the damage continues. They usually start when the breach occurred or when you should have discovered it.

Delay Doesn’t Just Kill Claims — It Kills Leverage

Even if you’re still within the legal time limit, your silence may be used against you.

  • You accepted late payments for a year — now they argue you waived your rights
  • You waited to demand performance — now they claim you modified the agreement
  • You sat on your claim — now they raise equitable defenses like laches

Should You Still Act? Yes — If You Do It Right Now

Many businesses assume it’s “too late” — and they’re often wrong. But timing affects everything:

  • Whether you can sue at all
  • How much you can recover
  • Whether the court sees you as proactive or passive

Delays don’t just kill claims — they shift power.

If You’re Asking “Is It Too Late?” — It Might Be

The moment you wonder whether you’ve waited too long is the moment to act. You might still have rights. But you can’t enforce what you don’t assert.

📞 If you’ve been wronged — and you’re unsure whether you still have a case — let’s find out now:
www.jdelaw.nyc | NY: 718-966-0877 | NJ: 732-490-7120

My business is to protect your business.

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