NRS
104.3118 Statute of limitations.
1. Except as otherwise provided in
subsection 5, an action to enforce the obligation of a party to pay a note
payable at a definite time must be commenced within 6 years after the due date
or dates stated in the note or, if a due date is accelerated, within 6 years
after the accelerated due date.
2. Except as otherwise provided in
subsection 4 or 5, 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 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 10 years.
3. Except as otherwise provided in
subsection 4, 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.
4. 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.
5. 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.
6. An action to enforce the obligation of
a party to pay an accepted draft, other than a certified check, must be
commenced:
(a) 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
(b) Within 6 years after the date of the
acceptance if the obligation of the acceptor is payable on demand.
7. 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 article and not governed by this section must be commenced within 3 years
after the cause of action accrues.
(Added to NRS by 1965,
821; A 1993,
1265)
Notes of Decisions
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
· cites it 2× “'iNRS 104.3118(1) states that "an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date.”
Cantlon Vs. Wells Fargo & Co. (Nrap 5) (Nev. 2020).
· cites it 2× “290 (stating that lejxcept as otherwise provided in subsection 5 of NRS 104.3118, to actions brought to recover money or other property deposited with any bank, credit union, banker, trust company or savings and loan society, there is no limitatiod).”
Bank of New York Mellon v. Sfr Inv. Pool, 1, LLC (9th Cir. 2024).
· cites it 2× “Specifically, “an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date.”
The Bank of New York Mellon v. Antigua Maint. Corp. (D. Nev. 2021).
“East Cactus’s suggestion that it is instead governed by the three-year 17 statute in NRS 104.3118(7) for “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, 18 duty, or…”
Hanna v. K-Kel, Inc. (D. Nev. 2022).
“290 (West) (“Except as otherwise provided in 10 subsection 5 of NRS 104.3118, to actions brought to recover money or other property deposited 11 with any bank, credit union, banker, trust company or savings and loan society, there is no 12 limitation.”
— Nev. Rev. Stat. § 104.3118(1) — 4 cases
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
“'iNRS 104.3118(1) states that "an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date.”
— Nev. Rev. Stat. § 104.3118(7) — 2 cases
Cantlon Vs. Wells Fargo & Co. (Nrap 5) (Nev. 2020).
“290 (stating that lejxcept as otherwise provided in subsection 5 of NRS 104.3118, to actions brought to recover money or other property deposited with any bank, credit union, banker, trust company or savings and loan society, there is no limitatiod).”
The Bank of New York Mellon v. Antigua Maint. Corp. (D. Nev. 2021).
“East Cactus’s suggestion that it is instead governed by the three-year 17 statute in NRS 104.3118(7) for “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, 18 duty, or…”
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