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Illinois Compiled Statutes

810 ILCS 5/3-118 (2026)

Statute of limitations

✓ current as of May 2026
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(810 ILCS 5/3-118) (from Ch. 26, par. 3-118)
    Sec. 3-118. Statute of limitations.
    (a) (Blank).
    (b) (Blank).
    (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 3 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 3 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 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.
    (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 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.
    (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 3 years after the cause of action accrues.
(Source: P.A. 90-451, eff. 1-1-98.)

    
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1996–2025 · leading case: Dr. Linda A. Rodrigue v. Olin Employees Credit Union, Cross-Appellee, 406 F.3d 434 (7th Cir. 2005).
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Dr. Linda A. Rodrigue v. Olin Employees Credit Union, Cross-Appellee, 406 F.3d 434 (7th Cir. 2005). “First, the court rejected Olin’s contention that the three-year limitations period specified by the Illinois UCC, 810 ILCS 5/3-118(g), barred Rodrigue’s cause of action for conversion as to many of the stolen checks because those checks were negotiated more than three years…”
Fifth Third Bank v. Brazier, 2019 IL App (1st) 190078 (Ill. App. Ct. 2019). “Amendments to both the Code and the UCC passed by the legislature in 1997 specifically transferred the relevant statute of limitations for causes of action on negotiable promissory notes from section 3-118 of the UCC to section 13-206 of the Code.”
PSI Resources, LLC v. MB Fin. Bank, 2016 IL App (1st) 152204 (Ill. App. Ct. 2016). “810 ILCS 5/3-118(g) (West 1994) (applying a three-year limitations period to claims for conversion of a negotiable instrument); 810 ILCS 5/4-111 (West 1994) (applying a three-year limitation period to claims arising under article 4 of the UCC, including claims for improper…”
Newell v. Newell, 942 N.E.2d 776 (Ill. App. Ct. 2011). “2d 322 ; 810 ILCS 5/3-118(g) (West 2006). We decline to follow the holding in those cases for three reasons.”
Walker v. Cash Flow Consultants, Inc., 200 F.R.D. 613 (N.D. Ill. 2001). “¶ 10 (citing 810 ILCS 5/3-118).) On September 5, 2000, Plaintiff filed a complaint in this court on behalf of a class defined as: (i) all natural persons; (ii) from whom CFC attempted to collect a dis *615 honored check; (iii) that was dishonored more than three years prior to…”
BMO Bank N.A. v. Zbroszczyk, 2025 IL App (1st) 241333 (Ill. App. Ct. 2025). “810 ILCS 5/3-118 (West 1996). The legislature subsequently amended both section 3-118 of the UCC and section 13-206 of the Code to remove subsections (a) and (b) from section 3-118 and add similar language to section 13-206.”
Rodrigue, Linda v. Olin Employees (7th Cir. 2005). · cites it 2× “First, the court rejected Olin’s contention that the three- year limitations period specified by the Illinois UCC, 810 ILCS 5/3-118(g), barred Rodrigue’s cause of action for conversion as to many of the stolen checks because those checks were negotiated more than three years…”
Kranzler v. Saltzman (Ill. App. Ct. 2011). · cites it 2× “Defendant then filed this appeal, claiming that plaintiff’s complaint was time barred under any of three applicable statutes of limitations (810 ILCS 5/3-118(g) (West 2008), 735 ILCS 5/13-205, 13- 206 (West 2008)).”
Newell v. Newell (Ill. App. Ct. 2011). “3d at 1075 ; 810 ILCS 5/3-118(g) (West 2006). We decline to follow the holding in those cases for three reasons.”
Cont'l Cas. Co. v. Am. Nat'l Bank & Trust Co. (Ill. App. Ct. 2002). “ends that: (1) the trial court erred in finding that its breach of contract claim was time-barred by the three-year limitations period found in section 4-111, which applies to an improper payment claim under UCC section 4-401(a) (810 ILCS 5/4-401(a) (West 1994)); (2) its breach…”
Barber v. First Nat'l Bank (In re Ostrom-Martin, Inc.), 192 B.R. 937 (Bankr. C.D. Ill. 1996). “In response, FIRST filed the Motion to Dismiss the Cross-Claim, relying on § 3 — 118(g) of the UCC, 810 ILCS 5/3-118(g) which provides as follows: (g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for…”
— 810 ILCS 5/3-118(g) — 8 cases
Dr. Linda A. Rodrigue v. Olin Employees Credit Union, Cross-Appellee, 406 F.3d 434 (7th Cir. 2005). “First, the court rejected Olin’s contention that the three-year limitations period specified by the Illinois UCC, 810 ILCS 5/3-118(g), barred Rodrigue’s cause of action for conversion as to many of the stolen checks because those checks were negotiated more than three years…”
PSI Resources, LLC v. MB Fin. Bank, 2016 IL App (1st) 152204 (Ill. App. Ct. 2016). “810 ILCS 5/3-118(g) (West 1994) (applying a three-year limitations period to claims for conversion of a negotiable instrument); 810 ILCS 5/4-111 (West 1994) (applying a three-year limitation period to claims arising under article 4 of the UCC, including claims for improper…”
Newell v. Newell, 942 N.E.2d 776 (Ill. App. Ct. 2011). “2d 322 ; 810 ILCS 5/3-118(g) (West 2006). We decline to follow the holding in those cases for three reasons.”
Rodrigue, Linda v. Olin Employees (7th Cir. 2005). “First, the court rejected Olin’s contention that the three- year limitations period specified by the Illinois UCC, 810 ILCS 5/3-118(g), barred Rodrigue’s cause of action for conversion as to many of the stolen checks because those checks were negotiated more than three years…”
Kranzler v. Saltzman (Ill. App. Ct. 2011). “Defendant then filed this appeal, claiming that plaintiff’s complaint was time barred under any of three applicable statutes of limitations (810 ILCS 5/3-118(g) (West 2008), 735 ILCS 5/13-205, 13- 206 (West 2008)).”
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