How to use the unjust enrichment claim deadline calculator
Unjust enrichment, also called restitution or money had and received, lets you recover a benefit the other side has no right to keep โ a mistaken wire transfer, an overpayment, or work performed under a contract that failed. Enter when the benefit changed hands, whether your state runs the clock from discovery, and the period that applies, and the tool returns the filing deadline.
Restitution claims are governed by state statutes of limitation, typically three to six years, and are often slotted into the catch-all or implied-contract category rather than having a section of their own. Where money was obtained by fraud or mistake many states apply a discovery rule, and a claim tied to a sale of goods may instead fall under UCC ยง2-725, which allows four years. The four-year default shown is a representative figure as of September 2026, so check the statute for your state.
The accrual date matters as much as the length of the period. Depending on the state, the clock can start when the payment was made, when the recipient refused to return it, or when you discovered the mistake. Where a written contract also covers the dispute, the contract limitations period may control instead.
This calculator is for reference only and is not legal advice. Consult a licensed attorney about your specific situation.
Frequently asked questions
Usually you may plead both in the alternative, but courts often bar restitution where a valid contract covers the same subject. The two claims can carry different limitations periods, so check each deadline separately.
Many states start it on the date of the transfer, while others delay it until you discovered or reasonably should have discovered the mistake. The tool lets you switch between the two and compare the resulting deadlines.