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La. Rev. Stat. § 10:3-118 (2026)

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✓ current as of May 2026
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§3-118. Prescription

            (a) Except as provided in Subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within five years after the due date or dates stated in the note or, if a due date is accelerated, within five years after the accelerated due date.

            (b) Except as provided in Subsection (d) or (e), 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 five 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 five years.

            (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 three years after dishonor of the draft or five 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, 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 five 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 five-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 five 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 five 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 money had and received, (ii) for breach of warranty, or (iii) 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.

            Acts 1992, No. 1133, §3, eff. July 1, 1993. Amended by Acts 1993, No. 948, §3, eff. Jan. 1, 1994.

Notes of Decisions
Cited in 18 cases, 1975–2020 · leading case: Johnson v. Jones-Journet, 320 So. 2d 533 (La. 1975).
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Johnson v. Jones-Journet, 320 So. 2d 533 (La. 1975). · cites it 2× “R.S. 10:3-118 provides in pertinent part: The following rules apply to all instruments: .”
Louisiana Health Serv. v. Tarver, 635 So. 2d 1090 (La. 1994). “R.S. 10:3-118(c). Blue Cross acknowledges that, as a health and hospitalization insurer as defined in *1092 § 152, it is a "holder" obligated to report and to pay or deliver to the State all intangible personal property that was held, issued, or owing by it in the ordinary…”
Gavin v. Superior Applicators, Inc., 484 So. 2d 792 (La. Ct. App. 1986). · cites it 2× “R.S. 10:3-118(e) provides that, "where an instrument containing the words `I promise to pay' is signed by two or more persons, they are deemed to be `jointly and severally liable' thereon.”
Certified Capital Corp. v. Reis, 897 So. 2d 128 (La. Ct. App. 2004). · cites it 9× “3498 [1] rather than LSA-R.S. 10:3-118 [2] herein. Pursuant to LSA-C.”
Henning Const. v. First E. Bank, 635 So. 2d 273 (La. Ct. App. 1994). · cites it 2× “Henning argues that other printed language on the notes is inconsistent with the term "on demand".”
Baker v. First Am. Nat'l Bank, 111 F. Supp. 2d 799 (W.D. La. 2000). “R.S. 10:3-118(e). That statute is part of Louisiana’s version of Article 3 of the Uniform Commercial Code.”
Anding v. Anding, 740 So. 2d 253 (La. Ct. App. 1999). “R.S. 10:3-118(b). Similarly, actions on instruments or promissory notes, whether negotiable or not, are subject to a liberative prescription of five years.”
Schoen v. Walling, 728 So. 2d 982 (La. Ct. App. 1999). · cites it 2× “Delictual or tort actions are subject to a liberative prescription of one year.”
Felix v. West, 668 So. 2d 402 (La. Ct. App. 1996). “3498 as urged by the defendant, or a six year period is applied as urged by the plaintiffs pursuant to LSA-R.S. 10:3-118. For the foregoing reasons, the judgment of the trial court is reversed and the case is remanded for further proceedings consistent with this opinion.”
Evangeline Fed. Sav. & Loan v. Catha, 520 So. 2d 1314 (La. Ct. App. 1988). · cites it 3× “1796 states, "Solidarity of obligation shall not be presumed. A solidary obligation arises from a clear expression of the parties' intent or from the law.”
Moreland v. Green, 501 So. 2d 975 (La. Ct. App. 1987). “Considering, as the trial court noted, the meticulous preparation of the buy-sell agreement, we conclude that the use of the word “buyer” in the singular in the paragraph relating to the purchase of the stock held at the Central Bank in Monroe was purposeful, particularly since…”
McGill v. Thigpen, 780 So. 2d 1224 (La. Ct. App. 2001). “R.S. 10:3-118 which provides, in relevant part: (a) Except as provided in Subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within five years after the due date or dates stated in the note or, if a due date…”
Show all 18 citing cases →
La. Rev. Stat. § 10:3-118(a): 2 cases
Good Acres, Inc. v. Jemison, 8 So. 3d 749 (La. Ct. App. 2009).
Collins Asset Grp., LLC v. Eddie J. Hamilton, 284 So. 3d 1201 (La. Ct. App. 2019).
La. Rev. Stat. § 10:3-118(b): 4 cases
Henning Const. v. First E. Bank, 635 So. 2d 273 (La. Ct. App. 1994). “Henning argues that other printed language on the notes is inconsistent with the term "on demand".”
Anding v. Anding, 740 So. 2d 253 (La. Ct. App. 1999). “R.S. 10:3-118(b). Similarly, actions on instruments or promissory notes, whether negotiable or not, are subject to a liberative prescription of five years.”
Certified Capital Corp. v. Reis, 897 So. 2d 128 (La. Ct. App. 2004). “3498 [1] rather than LSA-R.S. 10:3-118 [2] herein. Pursuant to LSA-C.”
Mathes Brierre Architects, a Prof'l Corp. v. karlton/isg Enter., LLC, Int'l Sales Grp., LLC, & J.S. Karlton Co., Inc., 311 So. 3d 532 (La. Ct. App. 2020).
La. Rev. Stat. § 10:3-118(c): 1 case
Louisiana Health Serv. v. Tarver, 635 So. 2d 1090 (La. 1994). “R.S. 10:3-118(c). Blue Cross acknowledges that, as a health and hospitalization insurer as defined in *1092 § 152, it is a "holder" obligated to report and to pay or deliver to the State all intangible personal property that was held, issued, or owing by it in the ordinary…”
La. Rev. Stat. § 10:3-118(e): 5 cases
Gavin v. Superior Applicators, Inc., 484 So. 2d 792 (La. Ct. App. 1986). “R.S. 10:3-118(e) provides that, "where an instrument containing the words `I promise to pay' is signed by two or more persons, they are deemed to be `jointly and severally liable' thereon.”
Johnson v. Jones-Journet, 320 So. 2d 533 (La. 1975). “R.S. 10:3-118 provides in pertinent part: The following rules apply to all instruments: .”
Baker v. First Am. Nat'l Bank, 111 F. Supp. 2d 799 (W.D. La. 2000). “R.S. 10:3-118(e). That statute is part of Louisiana’s version of Article 3 of the Uniform Commercial Code.”
Evangeline Fed. Sav. & Loan v. Catha, 520 So. 2d 1314 (La. Ct. App. 1988). “1796 states, "Solidarity of obligation shall not be presumed. A solidary obligation arises from a clear expression of the parties' intent or from the law.”
Tramonte v. Palermo, 640 So. 2d 661 (La. Ct. App. 1994).
La. Rev. Stat. § 10:3-118(g)(iii): 1 case
Barberot v. US Life Ins. Co. in City Ny, 945 So. 2d 792 (La. Ct. App. 2006).
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