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What Is the Statute of Limitations in Vermont?
The statute of limitations in Vermont is the legal time limit an individual has to file a civil lawsuit or prosecutors have to file criminal charges against an offender. In Vermont, the statute of limitations depends on:
- The type of legal action (civil or criminal)
- The seriousness of a criminal offense
- The discovery rule (how long it takes to discover the offense)
- Age of the victim
- Tolling (pausing the clock).
How Long Is the Statute of Limitations in Vermont?
The time limit for filing a lawsuit in Vermont depends on the case type (civil or criminal) and. the severity of the crime. The statute of limitations for civil lawsuits ranges between 2 and 6 years. The court may dismiss the case outside this timeline regardless of the evidence.
If an act is a criminal offense, the statute of limitations depends on the severity of the crime. Vermont law sets different statute limitations for misdemeanors, felonies, and the most serious crimes.
In Vermont, the statute of limitations for misdemeanors is 2 to 6 years, while most felony crimes have a 3-year limit from the date of the crime. Serious crimes like murder, sexual assault of a minor/child exploitation, or arson causing death or serious injury have no statute of limitations.
| Case Type | Examples | Statute of Limitations | Note |
|---|---|---|---|
| Misdemeanors | Petit larceny Disorderly conduct Simple assault DUI (first offense) Domestic assault (without serious bodily injury) | 2 to 6 years | The clock tolls (paused) if suspects leave Vermont and resumes when they return to the state |
| Most Felonies | Burglary (non-violent, unarmed, into a business or unoccupied building) Felony Theft (larceny over $900 in value) Forgery Fraud (not involving federal-level or large-scale schemes) Embezzlement (by an employee or trustee, over $900) | 3 to 6 | Per the Vermont Discovery Rule, the limitation period from the date the crime is discovered DNA or new evidence may allow prosecutors to file charges even after the limitation period |
| Serious Violent Felonies | Murder Manslaughter Aggravated sexual assault Sexual assault of a child / sexual exploitation of a minor Rape Human Trafficking of Minors | No limit | Prosecution is allowed at any time |
| Infractions | Speeding Failure to stop at a stop sign Driving without proof of insurance Expired vehicle registration Noise violations Littering | 1 year | For continuing offenses, the statute of limitations resets each day the violation continues The deadline may be extended if the individual appeals or requests an administrative review within the applicable timeframe For offenders under 18 years, juvenile rules may apply, extending the limitation period beyond the standard 1-year period |
| Civil Statutes | Wrongful death Childhood Sexual Abuse Civil rights violations Debt Collection Fraud Personal injury claims Property damage | 2 to 6 years | For minor victims, the statute of Limitations starts from their 18th birthday. If the victim is mentally incapacitated at the time of the injury, the clock tolls until the incapacity ends The Discovery Rule applies when fraudulent concealment occurs, or when discovering the offense takes considerable time. |
Note that in all cases, the clock tolls if the defendant or suspect leaves Vermont.
What Crimes Have No Statute of Limitations in Vermont
In Vermont, certain crimes have no statute of limitations. These crimes may be prosecuted at any time, no matter how many years have passed. The reasons for crimes with no statute of limitations in Vermont include:
- Preventing loss of evidence
- Preserving witness memory
- Ensuring that heinous crimes should not go unpunished
- Establishing a strong deterrent.
For the following crimes, offenders may be prosecuted at any time in Vermont:
- Murder (first and second degree)
- Aggravated murder
- Aggravated sexual assault of a child
- Sexual exploitation of a child
- Child sexual abuse (all degrees of sexual assault involving minors).
Criminal Statute of Limitations in Vermont
The criminal statute of limitations in Vermont refers to the time limits public prosecutors have to file criminal charges. In Vermont, the statute of limitations applies to misdemeanor and felony crimes. The misdemeanor statute of limitations in Vermont is 2 years, while the felony time limit in Vermont (excluding those with no statute of limitations) is 3 years.
However, if new DNA evidence is present, prosecutors may file charges even after the statute of limitations expires. Furthermore, the statute of limitations pauses if a suspect leaves Vermont and resumes upon return.
| Type of Crime | Statute of Limitations |
|---|---|
| Felonies (general) | 3 years |
| Misdemeanors | 2 years |
| Infractions | 1 year |
| Adult Sexual Assault | 3 years |
| Fraud | 3 years from the discovery date |
| Personal Injury | 3 years |
| Property Damage | 3 years |
| Defamation | 3 years |
| Oral Contract | 6 years |
| Written Contract | 6 years. |
Is There a Statute of Limitations on Attempted Murder?
An attempted murder in Vermont falls under the general felony rule, which has a 3-year limitation period under 13 V.S.A. § 4501. Nonetheless, the answer to “how long may a person be charged for attempted murder in Vermont” may depend on whether the offense leads to fatality or not. For instance, if the victim later dies as a direct result of the injuries, an attempted murder may be elevated to murder charges with no statute of limitations.
Statute of Limitations on Sexual Assault in Vermont
There is no sexual assault statute of limitations in Vermont. This means that filing sexual abuse claims in Vermont does not have a deadline. Therefore, victims may file charges against their attackers at any time, regardless of age or the years that have elapsed.
For instance, there is no rape reporting deadline in Vermont and no statute of limitations for childhood sexual and physical abuse, whether the charges are criminal or civil.
In 2019, the Vermont legislature intentionally passed a law eliminating the statute of limitations for sexual assault cases. Hence, victims may file lawsuits against abusers or the entities that permit abuse at any time.
Civil Statute of Limitations in Vermont
Civil lawsuit deadlines in Vermont range between 3 and 8 years (except for sexual abuse claims that have no statute of limitations). If a plaintiff misses this window and does not file a lawsuit, the defendant may ask the court to dismiss the case, and the judge will grant it. However, the Discovery Rule applies, and if an injury or wrongdoing was not discovered at the time of the incident, the statute of limitations begins from the date of the discovery. Additionally, the statute of limitations clock will pause (toll) if:
- The defendant leaves Vermont.
- There is fraudulent concealment.
- The victim is a minor at the time of the incident (until they turn 18).
The table summarizes how long you have to sue in Vermont.
| Type of Civil Claim | Statute of Limitations |
|---|---|
| Defamation | 3 years |
| Personal Injury | 3 years |
| Fraud | 6 years |
| Personal Property Damage | 3 years |
| Trespass | 3 years |
| Professional Malpractice | 2 years |
| Written Contract | 8 years |
| False Imprisonment | 3 years |
| Product Liability | 3 years |
| Judgment | 8 years. |
Statute of Limitations for Medical Malpractice in Vermont
Vermont has a 7-year maximum deadline for filing malpractice cases (statute of repose). After this timeframe, an individual cannot sue for medical malpractice in Vermont regardless of the discovery date unless there is fraudulent concealment or a foreign object is left inside the body. For victims who were minors, the statute of limitations tolls until their 18th birthday.
Vermont's medical malpractice statute of limitations determines how long a patient has to file a civil lawsuit against a health provider. The standard malpractice claim deadline in Vermont is 3 years. However, Vermont follows the Discovery Rule. Hence, the clock begins when the plaintiff discovered (or reasonably should have discovered) the injury. Notwithstanding, before filing a medical Malpractice lawsuit in Vermont, a plaintiff must give at least 90 days’ advance written notice of the intent to sue.
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia Errors | Excessive anesthesia causing brain injury |
| Birth Injuries | Brain damage in a newborn caused by negligent delivery |
| Failure to Treat | Disregarding test results or failing to offer essential treatment |
| Medication Errors | Prescribing the wrong drug or incorrect dosage |
| Misdiagnosis/Delayed Diagnosis | Failing to diagnose the right illness |
| Surgical Errors | Leaving a foreign object inside a patient after surgery. |
Statute of Limitations for Debt in Vermont
The statute of limitations for debts in Vermont is 6 years. For instance, there is a 6-year window to sue for unpaid credit card debt in Vermont. However, if a creditor wins a loan repayment lawsuit, the statute of limitations for the debtor to pay the debt is 8 years. Additionally, the statute of limitations may reset if the debtor acknowledges the debt, makes part-payments, or agrees to a new payment plan.
Under the federal Fair Credit Reporting Act, a debt stays on the debtor's credit report for 7 years regardless of a state's limitations.
| Type of Debt | Statute of Limitations |
|---|---|
| Auto Loans | 6 years |
| Credit Card Debt | 6 years |
| Personal Loans | 6 years |
| Medical Bills | 6 years |
| Judgment | 8 years. |
Statute of Limitations for Child Abuse and Child Support in Vermont
Vermont considers any child abuse offense a serious crime. Hence, the child abuse statute of limitations in Vermont is the same for criminal and civil cases. In Vermont, there is no statute of limitations for child abuse. Victims of abuse, their parents, next friends, or legal guardians may sue perpetrators at any time.
Likewise, there is no statute of limitations for child support enforcement in Vermont. For this reason, back payments for child support do not expire in Vermont. Individuals in Vermont may sue their debtors for unpaid child support at any time.
Child support enforcement in Vermont is through the Office of Child Support (OCS) & Eligibility. The OCS offers free services and employs a range of remedies to enforce payments to parents or guardians of children for whom past payments are owed. Such collection tactics include:
- Instructing employers to withhold the wages of defaulters
- Intercepting lottery winnings
- Placing liens on the non-custodian parent's property
- Requesting denial or renewal withholding of a passport if arrears reach $2,500 or more
- Intercepting tax refunds.
Furthermore, under the Bradley Amendment, unpaid child support becomes a perpetual lien on the debtor.