73.0118 Statute of limitations
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/or/ors-chapter-73/negotiable-instruments/73-0118·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
73.0118 Statute of limitations.
(1)Except as provided in subsection
(5)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 years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.
(2)Except as provided in subsection
(4)or
(5)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 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 10 years.
(3)Except as provided in subsection
(4)of this section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within six years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.
(4)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 six years after the demand for payment is made to the acceptor or issuer.
(5)An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date, the six-year period begins when a demand for payment is in effect and the due date has passed.
(6)An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced:
(a)Within six 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
(b)Within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.
(7)Unless governed by other law regarding claims for indemnity or contribution, an action for any of the following must be commenced within six years after the claim for relief accrues:
(a)Conversion of an instrument, for money had and received, or like action based on conversion;
(b)Breach of warranty; or
(c)Enforcement of an obligation, duty or right arising under this chapter and not governed by this section.
(8)The circumstances under which the running of a limitation period may be tolled shall be determined by other law. [1993 c.545 §21]