(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 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), 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), 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 (i) 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 (ii) within 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 section must be commenced within three years after the cause of action accrues.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 3. Negotiable Instruments
§46-3-104. Negotiable Instrument
§46-3-105. Issue of Instrument
§46-3-106. Unconditional Promise or Order
§46-3-107. Instrument Payable in Foreign Money
§46-3-108. Payable on Demand or at Definite Time
§46-3-109. Payable to Bearer or to Order
§46-3-110. Identification of Person to Whom Instrument Is Payable
§46-3-114. Contradictory Terms of Instrument
§46-3-115. Incomplete Instrument
§46-3-116. Joint and Several Liability; Contribution
§46-3-117. Other Agreements Affecting Instrument
§46-3-118. Statute of Limitations
§46-3-119. Notice of Right to Defend Action
§46-3-202. Negotiation Subject to Rescission
§46-3-203. Transfer of Instrument; Rights Acquired by Transfer
§46-3-205. Special Indorsement; Blank Indorsement; Anomalous Indorsement
§46-3-206. Restrictive Indorsement
§46-3-301. Person Entitled to Enforce Instrument
§46-3-302. Holder in Due Course
§46-3-303. Value and Consideration
§46-3-305. Defenses and Claims in Recoupment
§46-3-306. Claims to an Instrument
§46-3-307. Notice of Breach of Fiduciary Duty
§46-3-308. Proof of Signatures and Status as Holder in Due Course
§46-3-309. Enforcement of Lost, Destroyed, or Stolen Instrument
§46-3-310. Effect of Instrument on Obligation for Which Taken
§46-3-311. Accord and Satisfaction by Use of Instrument
§46-3-312. Lost, Destroyed, or Stolen Cashier's Check, Teller's Check or Certified Check
§46-3-402. Signature by Representative
§46-3-403. Unauthorized Signature
§46-3-404. Impostors; Fictitious Payees
§46-3-405. Employer's Responsibility for Fraudulent Indorsement by Employee
§46-3-406. Negligence Contributing to Forged Signature or Alteration of Instrument
§46-3-408. Drawee Not Liable on Unaccepted Draft
§46-3-409. Acceptance of Draft; Certified Check
§46-3-410. Acceptance Varying Draft
§46-3-411. Refusal to Pay Cashier's Checks, Teller's Checks and Certified Checks
§46-3-412. Obligation of Issuer of Note or Cashier's Check
§46-3-413. Obligation of Acceptor
§46-3-414. Obligation of Drawer
§46-3-415. Obligation of Indorser
§46-3-416. Transfer Warranties
§46-3-417. Presentment Warranties
§46-3-418. Payment of Acceptance by Mistake
§46-3-419. Instruments Signed for Accommodation
§46-3-420. Conversion of Instrument
§46-3-504. Excused Presentment and Notice of Dishonor
§46-3-505. Evidence of Dishonor
§46-3-601. Discharge and Effect of Discharge