§ 41-03-18 — (3-118) Statute of limitations

North Dakota § 41-03-18

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-03: Negotiable Instruments

Text

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 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, 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.
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 three years after
dishonor of the draft or ten 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 three
years after demand for payment is made to the acceptor or issuer, as the case may
be.
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 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.
6. This subsection applies to an action to enforce the obligation of a party to pay an
accepted draft, other than a certified check. If the obligation of the acceptor is payable
at a definite time, the action must be commenced within six years after the due date or
dates stated in the draft or acceptance. If the obligation of the acceptor is payable on
demand, the action must be commenced within six years after the date of the
acceptance.
7. Unless governed by other law regarding claims for indemnity or contribution, an action
for conversion of an instrument, for money had and received, or like action based on
conversion, for breach of warranty, or to enforce an obligation, duty, or right arising
under this chapter and not governed by this section must be commenced within three
years after the cause of action accrues.