Title 11, Chapter 3, Section 118
( 11-3-118)
Statute of limitations. (a) Except as provided in subsection (e) of this Code 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. (b) Except as provided in subsection (d) or (e) of this Code
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 ten years. (c) Except as provided in subsection (d) of this Code section, an
action to enforce the obligation of a party to an unaccepted draft
to pay the draft must be commenced within three years after dishonor
of the draft or ten 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 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 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
within (i) 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 (ii) six 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 Code
section, must be commenced within three years after the cause of
action accrues. (h) This Code section does not apply to sealed instruments, which are governed by the provisions of Code Section 9-3-23. |