Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5523 (2026)

One year limitation.

✓ current as of May 2026

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§ 5523. One year limitation.

The following actions and proceedings must be commenced within one year:

(1) An action for libel, slander or invasion of privacy.

(2) An action upon a bond given as security by a party in any matter, except a bond given by a condemnor in an eminent domain proceeding.

(3) An action upon any payment or performance bond.

(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)

1982 Amendment. Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326.

Notes of Decisions

Cited in 124 cases (38 in the last 5 years), 1982–2026 · leading case: Altoona Area Sch. Dist. v. Campbell, 618 A.2d 1129 (Pa. Commw. Ct. 1992).

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Altoona Area Sch. Dist. v. Campbell, 618 A.2d 1129 (Pa. Commw. Ct. 1992). · cites it 8× “Contractor and Surety also relied on section 5523 of the Judicial Code, 42 Pa.C.S. § 5523, which states that an action upon a performance bond must be commenced within one year.”

Am. Future Sys., Inc. v. Better Bus. Bureau, 923 A.2d 389 (Pa. 2007). · cites it 2× “Because the latter had ceased operations more than one year previously, see 42 Pa.C.S. § 5523(1) (setting forth a one-year statute of limitations for defamation actions), Appellant was granted leave to file an amended complaint in which it added the Washington, D.”

Guy v. Liederbach, 459 A.2d 744 (Pa. 1983). · cites it 2× “§§ 5523(3) & 5527(2). Clearly decedent could not have claimed that relief could be sought by his estate after his death, fifteen years after the execution of the will.”

Twp. of Indiana v. Acquisitions & Mergers, Inc., 770 A.2d 364 (Pa. Commw. Ct. 2001). · cites it 5× “ComServ contends that the set aside agreements constitute performance bonds making these agreements subject to the one-year limitation period provided at 42 Pa.C.S. § 5523. Alternatively, ComServ asserts that should this Court conclude that the set aside agreements do not…”

Pro Golf Mfg., Inc. v. Tribune Review Newspaper Co., 809 A.2d 243 (Pa. 2002). · cites it 2× “This appeal presents an issue of first impression: whether an action for commercial disparagement is governed by the one-year statute of limitations set forth in 42 Pa.C.S. § 5523(1), 1 or the two-year statute of limitations set forth in 42 Pa.”

Owens v. Okure, 488 U.S. 235 (1989). “Similarly, in Pennsylvania, separate provisions govern “libel, slander or invasion of privacy,” 42 Pa. Cons. Stat. § 5523 (1) (1988), “assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process,” §5524(1), “injuries to the person or…”

Penn Piping, Inc. v. Ins. Co. of North Am., 603 A.2d 1006 (Pa. 1992). · cites it 2× “42 Pa.C.S. § 5523(3). The lower courts agree that there was an absence of due diligence in prosecuting the case and that there was no compelling reason for the delay.”

Waye v. First Citizen's Nat'l Bank, 846 F. Supp. 310 (M.D. Penn. 1994). · cites it 2× “Count III also alleges a claim for harassment. No civil cause of action exists for harassment.”

Kowalski, B. v. TOA PA V, L.P., 206 A.3d 1148 (Pa. Super. Ct. 2019). “He claims that this sixteen-month period is within the two-year statute of limitations applicable to negligence actions, 42 Pa.C.S. § 5523, and within the four-year statute of limitations applicable to contract actions, 42 Pa.”

Ciolli v. Iravani, 651 F. Supp. 2d 356 (E.D. Pa. 2009). · cites it 3× “42 Pa. Cons.Stat. Ann. § 5523(1) (stating that Pennsylvania has a one-year statute of limitations for defamation claims).”

Jennifer Oldham v. Penn State Univ., 138 F.4th 731 (3rd Cir. 2025). · cites it 2× “See 42 Pa. Cons. Stat. § 5523 (1). Similarly, Oldham’s remaining claims for battery, negligence, negligent training and supervision, and negligent and intentional infliction of emotional distress are untimely if they did not accrue in the two-year period allowed under…”

Hatfield Twp. v. Lexon Ins. Co., 15 A.3d 547 (Pa. Commw. Ct. 2011). · cites it 4× “Whether the Township satisfied the heavy burden to demonstrate its entitlement to mandatory preliminary injunctive relief? 3.”

Show all 124 citing cases →

— 42 Pa. Cons. Stat. § 5523(1) — 53 cases

Am. Future Sys., Inc. v. Better Bus. Bureau, 923 A.2d 389 (Pa. 2007). “Because the latter had ceased operations more than one year previously, see 42 Pa.C.S. § 5523(1) (setting forth a one-year statute of limitations for defamation actions), Appellant was granted leave to file an amended complaint in which it added the Washington, D.”

Pro Golf Mfg., Inc. v. Tribune Review Newspaper Co., 809 A.2d 243 (Pa. 2002). “This appeal presents an issue of first impression: whether an action for commercial disparagement is governed by the one-year statute of limitations set forth in 42 Pa.C.S. § 5523(1), 1 or the two-year statute of limitations set forth in 42 Pa.”

Ciolli v. Iravani, 651 F. Supp. 2d 356 (E.D. Pa. 2009). “42 Pa. Cons.Stat. Ann. § 5523(1) (stating that Pennsylvania has a one-year statute of limitations for defamation claims).”

Ghrist v. CBS Broad., Inc., 40 F. Supp. 3d 623 (W.D. Pa. 2014).

Giordano v. Claudio, 714 F. Supp. 2d 508 (E.D. Pa. 2010).

— 42 Pa. Cons. Stat. § 5523(2) — 5 cases

Hatfield Twp. v. Lexon Ins. Co., 15 A.3d 547 (Pa. Commw. Ct. 2011). “Whether the Township satisfied the heavy burden to demonstrate its entitlement to mandatory preliminary injunctive relief? 3.”

United States Ex Rel. Century Nat'l Bank v. Nigro (In Re Louis Rosenberg Auto Parts, Inc.), 209 B.R. 668 (Bankr. W.D. Pa. 1997).

Carbone v. Gulf Oil Corp., 812 F.2d 1416 (Temp. Emerg. Ct. App. 1987).

Carbone v. Gulf Oil Corp., 630 F. Supp. 67 (E.D. Pa. 1985).

Sellers v. Spiegel, Inc., 551 F. Supp. 235 (E.D. Pa. 1982).

— 42 Pa. Cons. Stat. § 5523(3) — 9 cases

Guy v. Liederbach, 459 A.2d 744 (Pa. 1983). “§§ 5523(3) & 5527(2). Clearly decedent could not have claimed that relief could be sought by his estate after his death, fifteen years after the execution of the will.”

Penn Piping, Inc. v. Ins. Co. of North Am., 603 A.2d 1006 (Pa. 1992). “42 Pa.C.S. § 5523(3). The lower courts agree that there was an absence of due diligence in prosecuting the case and that there was no compelling reason for the delay.”

Preferred Fire Prot., Inc. v. Joseph Davis, Inc., 954 A.2d 20 (Pa. Super. Ct. 2008).

York Excavating v. Employers Ins. of Wausau, 834 F. Supp. 733 (M.D. Penn. 1993).

Sch. Dist. v. Planet Ins., 44 Pa. D. & C.3d 262 (1987).

— 42 Pa. Cons. Stat. § 5523(4) — 1 case

United Plate Glass Co. v. Metal Trims Indus., Inc., 525 A.2d 468 (Pa. Commw. Ct. 1987).

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