Sec. 118. (a) Except as provided in subsection (e), 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), 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), 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 (6) 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:
(1) 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
(2) 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:
(1) for conversion of an instrument, for money had and received, or like action based on conversion;
(2) for breach of warranty; or
(3) to enforce an obligation, duty, or right arising under IC 26-1-3.1;
and not governed by this section must be commenced within three (3) years after the cause of action accrues.
As added by P.L.222-1993, SEC.5.
Structure Indiana Code
Article 1. Uniform Commercial Code
Chapter 3.1. Negotiable Instruments
26-1-3.1-104. Negotiable Instrument
26-1-3.1-105. Issue of Instrument
26-1-3.1-106. Unconditional Promise or Order
26-1-3.1-107. Instrument Payable in Foreign Money
26-1-3.1-108. Payable on Demand or at Definite Time
26-1-3.1-109. Payable to Bearer or to Order
26-1-3.1-110. Identification of Person to Whom Instrument Is Payable
26-1-3.1-111. Place of Payment
26-1-3.1-113. Date of Instrument
26-1-3.1-114. Contradictory Terms of Instrument
26-1-3.1-115. Incomplete Instrument
26-1-3.1-116. Joint and Several Liability; Contribution
26-1-3.1-117. Other Agreements Affecting Instrument
26-1-3.1-118. Statute of Limitations
26-1-3.1-119. Notice of Right to Defend Action
26-1-3.1-202. Negotiation Subject to Rescission
26-1-3.1-203. Transfer of Instrument; Rights Acquired by Transfer
26-1-3.1-205. Special Endorsement; Blank Endorsement; Anomalous Endorsement
26-1-3.1-206. Restrictive Endorsement
26-1-3.1-301. Person Entitled to Enforce Instrument
26-1-3.1-302. Holder in Due Course
26-1-3.1-303. Value and Consideration
26-1-3.1-304. Overdue Instrument
26-1-3.1-305. Defenses and Claims in Recoupment
26-1-3.1-306. Claims to an Instrument
26-1-3.1-307. Notice of Breach of Fiduciary Duty
26-1-3.1-308. Proof of Signatures and Status as Holder in Due Course
26-1-3.1-309. Enforcement of Lost, Destroyed, or Stolen Instrument
26-1-3.1-310. Effect of Instrument on Obligation for Which Taken
26-1-3.1-311. Accord and Satisfaction by Use of Instrument
26-1-3.1-312. Lost Check; Assertion of Claim to Obligated Bank
26-1-3.1-402. Signature by Representative
26-1-3.1-403. Unauthorized Signature
26-1-3.1-404. Impostors; Fictitious Payees
26-1-3.1-405. Employer's Responsibility for Fraudulent Endorsement by Employee
26-1-3.1-406. Negligence Contributing to Forged Signature or Alteration of Instrument
26-1-3.1-408. Drawee Not Liable on Unaccepted Draft
26-1-3.1-409. Acceptance of Draft; Certified Check
26-1-3.1-410. Acceptance Varying Draft
26-1-3.1-411. Refusal to Pay Cashier's Checks, Teller's Checks, and Certified Checks
26-1-3.1-412. Obligation of Issuer of Note or Cashier's Check
26-1-3.1-413. Obligation of Acceptor
26-1-3.1-414. Obligation of Drawer
26-1-3.1-415. Obligation of Endorser
26-1-3.1-416. Transfer Warranties
26-1-3.1-417. Presentment Warranties
26-1-3.1-418. Payment or Acceptance by Mistake
26-1-3.1-419. Instruments Signed for Accommodation
26-1-3.1-420. Conversion of Instrument
26-1-3.1-502.5. Surcharge After Dishonor
26-1-3.1-503. Notice of Dishonor
26-1-3.1-504. Excused Presentment and Notice of Dishonor
26-1-3.1-505. Evidence of Dishonor
26-1-3.1-601. Discharge and Effect of Discharge
26-1-3.1-603. Tender of Payment
26-1-3.1-604. Discharge by Cancellation or Renunciation
26-1-3.1-605. Release or Extension of an Obligor's Obligation