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§12A-3-118.
§12A-3-118.
STATUTE OF LIMITATIONS
(a) Except as provided in subsection (e) of this section, an action to
enforce the obligation of a party to pay a note payable at a definite
time must be commenced within six (6) years after the due date or
dates stated in the note or, if a due date is accelerated, within six
(6) years after the accelerated due date.
(b) Except as provided in subsection (d) or (e) of this section, if
demand for payment is made to the maker of a note payable on demand,
an action to enforce the obligation of a party to pay the note must be
commenced within six (6) years after the demand. If no demand for
payment is made to the maker, an action to enforce the note is barred
if neither principal nor interest on the note has been paid for a
continuous period of ten (10) years.
(c) Except as provided in subsection (d) of this section, an action to
enforce the obligation of a party to an unaccepted draft to pay the
draft must be commenced within three (3) years after dishonor of the
draft or ten (10) years after the date of the draft, whichever period
expires first.
(d) An action to enforce the obligation of the acceptor of a certified
check or the issuer of a teller's check, cashier's check, or
traveler's check must be commenced within three (3) years after demand
for payment is made to the acceptor or issuer, as the case may be.
(e) An action to enforce the obligation of a party to a certificate of
deposit to pay the instrument must be commenced within six (6) years
after demand for payment is made to the maker, but if the instrument
states a due date and the maker is not required to pay before that
date, the six-year period begins when a demand for payment is in
effect and the due date has passed.
(f) An action to enforce the obligation of a party to pay an accepted
draft, other than a certified check, must be commenced (i) within six
(6) years after the due date or dates stated in the draft or
acceptance if the obligation of the acceptor is payable at a definite
time, or (ii) within six (6) years after the date of the acceptance if
the obligation of the acceptor is payable on demand.
(g) Unless governed by other law regarding claims for indemnity or
contribution, an action (i) for conversion of an instrument, for money
had and received, or like action based on conversion, (ii) for breach
of warranty, or (iii) to enforce an obligation, duty, or right arising
under this article and not governed by this section must be commenced
within three (3) years after the claim for relief accrues.
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