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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 3. Negotiable Instruments
- Section 118. Statute of Limitations.
previous: Section 117. Other Agreements Affecting Instrument.
next: Section 119. Notice of Right to Defend Action.
AS 45.03.118. Statute of Limitations.
- (a) Except as provided in (e) 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 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 (d) or (e) 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 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.
- (c) Except as provided in (d) 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 years after dishonor of the draft or 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 years after demand for payment is made to the acceptor or
issuer.
- (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
- (1) within six years after the due date stated in the draft or acceptance, if the obligation of the acceptor is payable at
a definite time; or
- (2) 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 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.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005