Small Claims Statute of Limitations in Japan

What the Law Says

In Japan, the statute of limitations for small claims is determined not by the Small Claims Procedure itself (which is procedural), but by substantive civil law—primarily the Civil Code (Minpō). The Small Claims Procedure (Civil Procedure Act, Chapter IV-2) allows simplified litigation for claims up to ¥1.4 million, but does not alter limitation periods. These periods are set forth in Civil Code Articles 166–170 and depend on the nature of the underlying right.

Article 166(1) of the Civil Code establishes a general 5-year limitation period for claims arising from torts, quasi-contracts, and most contractual obligations (e.g., unpaid invoices, service fees). This applies to the vast majority of small claims filed under the Small Claims Procedure.

Special periods apply under Article 167: 2 years for claims for wages, bonuses, or other labor remuneration (including part-time or freelance work); and 10 years under Article 166(2) for claims based on contracts without a fixed performance date (e.g., open-ended service agreements). Limitation periods begin when the right can be exercised (Civil Code Art. 166(3)).

Statutory Text

A claim shall be extinguished by prescription after five years have elapsed from the time at which the right could first be exercised.

— Civil Code of Japan, Art. 166(1)

Statutory Text

A claim for wages shall be extinguished by prescription after two years have elapsed from the time at which the right could first be exercised.

— Civil Code of Japan, Art. 167(1)

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