Sec. 9. (a) As used in this section, "deposit account"
has the meaning set forth in IC 28-9-2-5.
(b) Except as provided in subsection (c), an action upon promissory
notes, bills of exchange, or other written contracts for the payment of
money executed after August 31, 1982, must be commenced within six
(6) years after the cause of action accrues. An action upon promissory
notes, bills of exchange, and other written contracts for the payment of
money executed on or after September 19, 1881, and before September
1, 1982, must be commenced within ten (10) years after the cause of
action accrues. However, all contracts described in this section that
have been executed before September 19, 1881, may be enforced
within the time only as they have to run, before being barred under the
law in effect at the time of their executions limiting the commencement
of actions, and not afterward.
(c) An action upon a deposit account must be commenced not later
than two (2) years after the cause of action accrues, regardless of
whether the action is brought by:
(1) a depositor (as defined in IC 28-9-2-4); or
(2) a depository financial institution (as defined in IC 28-9-2-6).
[Pre-1998 Recodification Citation: 34-1-2-2(5).]
As added by P.L.1-1998, SEC.6. Amended by P.L.102-2021,
SEC.2; P.L.77-2024, SEC.1.
Notes of Decisions
Lewis v. Rex Metal Craft, Inc., 831 N.E.2d 812 (Ind. Ct. App. 2005).
· cites it 4× “Code § 34-11-2-8 (real property execution actions "must be commenced within" six or ten years); Ind.Code § 34-11-2-9 (action on promissory notes, bills of exchange, etc.”
V. Ganz Builders & Dev. Co., Inc., & Vladimir Ganz v. Pioneer Lumber, Inc., 59 N.E.3d 1025 (Ind. Ct. App. 2016).
· cites it 4× “Presumably because of the account agreement between the issuing bank and the debtor, the parties in that case “proceeded] upon the assumption that the proper statute of limitations” was Indiana Code Section 34-11-2-9, which governs actions upon promissory notes and other written…”
Collins Asset Grp., LLC v. Alkhemer Alialy, 115 N.E.3d 1275 (Ind. Ct. App. 2018).
· cites it 10× “On June 23, 2017, Alialy filed his motion to dismiss the Complaint, contending that CAG's claim was barred by the six-year statute of limitations, pursuant to Ind. Code § 34-11-2-9 . On July 19, 2017, CAG filed its motion in opposition, claiming that the Complaint was not barred…”
Januchowski v. N. Indiana Commuter Transp. Dist., 905 N.E.2d 1041 (Ind. Ct. App. 2009).
· cites it 4× “However, the statutes of limitation for actions against individuals or entities other than the State provide for a six-year statute of limitation for actions on contracts not in writing, Ind.Code § 34-11-2-7, a six-year statute of limitation for actions on written contracts…”
Marriage of Bean v. Bean, 902 N.E.2d 256 (Ind. Ct. App. 2009).
· cites it 4× “However, Harold argued before the trial court only that Carol's claim regarding the second mortgage, if brought under the promissory note to INB the parties signed in 1991, was barred by the statute of limitations as provided by Ind.Code § 34-11-2-9. See Transcript at 134.”
Smither v. Asset Acceptance, LLC, 919 N.E.2d 1153 (Ind. Ct. App. 2010).
· cites it 2× “The parties proceed upon the assumption that the proper statute of limitations in this case is Indiana Code Section 34-11-2-9, which provides in part, "An action upon promissory notes, bills of exchange, or other written contracts for the payment of money executed after August…”
Robert Imbody v. Fifth Third Bank, 12 N.E.3d 943 (Ind. Ct. App. 2014).
· cites it 4× “See Ind.Code § 34-11-2-9. The Bank maintains that the cause of action accrued, and the statute of limitations began to run, on February 29, 2008, when Imbody made his last payment on the deficiency balance.”
— Ind. Code § 34-11-2-9(c) — 1 case
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