Michigan Compiled Laws
174-1962-3-1 - Part 1 General Provisions and Definitions (440.3101...440.3122)
Section 440.3118 - Action to Enforce Obligation; Commencement; Time Period; Other Actions.

Sec. 3118.
(1) Except as provided in subsection (5), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date.
(2) Except as provided in subsection (4) or (5), 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 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 10 years.
(3) Except as provided in subsection (4), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 3 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 3 years after 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 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 6-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 (i) within 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 6 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 (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 3 years after the cause of action accrues.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)

Article 3 - Negotiable Instruments (440.3101...440.3805)

174-1962-3-1 - Part 1 General Provisions and Definitions (440.3101...440.3122)

Section 440.3101 - Short Title; Article.

Section 440.3102 - Scope; Limitations; Conflict of Laws.

Section 440.3103 - Definitions; Principles of Construction.

Section 440.3104 - Additional Definitions.

Section 440.3105 - “Issue” and “Issuer” Defined; Effect of Unissued or Conditionally Issued Instrument.

Section 440.3106 - Unconditional Status of Promise or Order.

Section 440.3107 - Payment in Foreign Money.

Section 440.3108 - Instrument Payable on Demand, at Definite Time, or at Fixed Date.

Section 440.3109 - Promise or Order; Payable on Demand; Payable at Definite Time; Instrument Payable at Fixed Date.

Section 440.3110 - Determination of Person Payable; Intent; Signature by Automated Means; Determining Holder; Instrument Payable to 2 or More Persons.

Section 440.3111 - Place of Payment.

Section 440.3112 - Interest.

Section 440.3113 - Instrument Antedated, Postdated, or Undated.

Section 440.3114 - Instrument; Contradictory Terms.

Section 440.3115 - Incomplete Instrument; Definition; Enforcement; Alteration; Burden.

Section 440.3116 - Joint and Several Liability.

Section 440.3117 - Obligation Modified, Supplemented, or Nullified by Separate Agreement.

Section 440.3118 - Action to Enforce Obligation; Commencement; Time Period; Other Actions.

Section 440.3119 - Notice of Litigation to Answerable Third Party.

Section 440.3120-440.3122 - Repealed. 1993, Act 130, Eff. Sept. 30, 1993.