KRS 355.3-118: Statute of limitations.
Where this section sits in the code
(1) Except as provided in subsection (5) of this section, 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.
(2) Except as provided in subsection (4) or (5) of this 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 (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.
(3) Except as provided in subsection (4) of this section, 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.
(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 (3) 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 (6) years after demand for payment is
made to the maker, but if the instrument st ates 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.
(6) An action to enforce the obligation of a party to pay an accepted draft, other tha n a
certified check, must be commenced:
(a) 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
(b) Within six (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:
(a) For conversion of an instrument, for money had and received, or like action
based on conversion;
(b) For breach of warranty; or
(c) To enforce an obligation, duty, or right arising under this article and not
governed by this section
must be commenced within three (3) years after the claim for relief accrues.
Collected 2026-09-05T20:58:44Z. Source file · JSON