Mississippi Code
Miss. Code Ann. § 75-3-118 (2026)
Statute of limitations
✓ current as of July 2026
- (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 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.
- (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 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.
- (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 (3) years after dishonor of the draft or ten (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 (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 six (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 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 (i) 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 (ii) within six (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 chapter and not governed by this section must be commenced within three (3) years after the cause of action accrues.
Former § 75-3-118: Codes, 1942, § 41A:3-118; Laws, 1966, ch. 316, § 3-118; Laws, 1992, ch. 420, § 18, eff. 1/1/1993.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1978–2026 · leading case: Peoples Bank of Biloxi, Mississippi v. John McAdams, 171 So. 3d 505 (Miss. 2015).
Peoples Bank of Biloxi, Mississippi v. John McAdams, 171 So. 3d 505 (Miss. 2015). “Whether the Chancery Clerk’s claims for conversion of a negotiable instrument are time-barred by the three-year statute of limitations contained in Miss. Code Ann. § 75-3-118 IV. Whether the Chancery Clerk’s negligence and gross negligence claims are time-barred by the…”
Thomas L. Roberts v. S. Wood Piedmont Co. & Bryan Inspection Agency, Inc. v. W. E. Roberts, Counter, 571 F.2d 276 (5th Cir. 1978). “See Miss.Code Ann. § 75-3-118(d) (1972). Therefore, in light of the failure of the parties to agree upon a specific rate of interest, the court did not err in charging Roberts with interest at six percent.”
Hubbard v. Bancorpsouth Bank, 135 So. 3d 882 (Miss. 2014). “Section 75-3-118 states in pertinent part: (a) [A]n 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…”
Erin Burns & Shaun Burns, Co-Executors of The Est. of Katheryn Suzanne Burns, & Erin Burns, Individually v. BancorpSouth Bank & Trustmark Corp. (Miss. Ct. App. 2023). “Article 3 of the UCC, governing negotiable instruments, provides in part: 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…”
James Rhea v. Career Gen. Agency, Inc., GuideOne Am. Ins. Co. & Dennis Basden (Miss. Ct. App. 2022). “§ 15-1-49 , we find no plain error in the court’s failure to discern the applicability of the Uniform Commercial Code’s statute of limitations for negotiable instruments, see Miss. Code Ann. § 75-3-118 . CONCLUSION ¶17.”
OneWest Bank, FSB v. Patricia Lynn Brown-Wood (Miss. Ct. App. 2026). “Miss. Code Ann. § 75-3-118 (a) (Rev. 2016).”
Albert John Chimento, Sr. v. Robert Albert Fuller (Miss. 2006). “11 installment notes ( Miss. Code Ann. § 75-3-118 ) is applicable.”
Brent Hubbard v. BancorpSouth Bank (Miss. 2013). “Section 75-3-118 states in pertinent part: (a) [A]n 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…”
— Miss. Code Ann. § 75-3-118(d) — 1 case
Thomas L. Roberts v. S. Wood Piedmont Co. & Bryan Inspection Agency, Inc. v. W. E. Roberts, Counter, 571 F.2d 276 (5th Cir. 1978). “See Miss.Code Ann. § 75-3-118(d) (1972). Therefore, in light of the failure of the parties to agree upon a specific rate of interest, the court did not err in charging Roberts with interest at six percent.”
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