Utah Code » Title 70A, Chapter 3 — Uniform Commercial Code - Negotiable Instruments; part 70A-3-1 — General Provisions and Definitions
Utah Code

Utah Code § 70A-3-118 (2026)

Statute of limitations

✓ current as of May 2026
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Except as 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 six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.
Except as 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 six 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.
Except as 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 three years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.
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.
An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six 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.
An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced within six 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 within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.
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 chapter and not governed by this section must be commenced within three years after the cause of action accrues.
Notes of Decisions
Cited in 11 cases (7 in the last 5 years), 1983–2024 · leading case: Johnson v. Nationstar Mortg., 2020 UT App 127 (Utah Ct. App. 2020).
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Johnson v. Nationstar Mortg., 2020 UT App 127 (Utah Ct. App. 2020). · cites it 28× “As to the statute of limitations theory, Appellees disagreed with the Johnsons about the applicable statute of limitations, contending that the six-year limitations period for negotiable instruments under Utah Code section 70A-3-118, not the limitations period for written…”
Dale K. Barker Co PC CPA Profit Sharing v. Turner, 2021 UT App 119 (Utah Ct. App. 2021). · cites it 18× “), and the applicable statute of limitations is codified in Utah Code section 70A-3-118. In relevant part, the statute reads: [A]n action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates…”
Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021). · cites it 9× “§ 70A-3-118 (2009)—that the applicable limitations period for a foreclosure action was six years.”
Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). · cites it 5× “" Utah Code Ann. § 70A-3-118(1) (emphasis added).”
Fitzgerald v. Spearhead Investments, 2021 UT 34 (Utah 2021). · cites it 2× “2 ¶5 Pursuant to Utah Code section 70A-3-118(1), Alpine East had a limitations period of six years to file an action to foreclose the trust deed or record a notice of default on the property.”
Bradsen v. Shellpoint Mortg. Servs., 2022 UT App 10 (Utah Ct. App. 2022). · cites it 4× “” Utah Code Ann. § 70A-3-118(1) (LexisNexis 2020).”
Lewis v. U.S. Bank Trust, 2024 UT App 3 (Utah Ct. App. 2024). · cites it 4× “3d 1075 , this court concluded the “period prescribed by law” is the six-year statute of limitations laid out by Utah Code section 70A-3-118(1). Id. ¶¶ 11–13 (cleaned up).”
First Nat'l Bank of Layton v. Egbert, 663 P.2d 85 (Utah 1983). “, 1953, § 70A-3-118(f) in pertinent part reads: Unless otherwise specified consent to extension authorizes a single extension for not longer than the original period.”
Orvin v. Nat'l City Mortg. (D. Utah 2023). · cites it 12× “§ 70A-3-118(1) is the applicable six-year statute of limitations for enforcing the Trust Deed .”
Terry v. MEB Loan Trust II (Bankr. D. Utah 2023). · cites it 11× “§ 70A-3-118(1) applies to both a note and its associated trust deed.”
MacKin Eng'g Co. v. Am. Express Co., 437 F. App'x 100 (3rd Cir. 2011). “§ 3118(g); Utah Code Ann. § 70A-3-118(7). As the District Court observed, Mackin “was clearly in a better position to detect its employee’s fraud more easily and quickly than American Express” and “had the opportunity to initiate this lawsuit within the statute of limitations…”
— Utah Code § 70A-3-118(1) — 9 cases
Johnson v. Nationstar Mortg., 2020 UT App 127 (Utah Ct. App. 2020). “As to the statute of limitations theory, Appellees disagreed with the Johnsons about the applicable statute of limitations, contending that the six-year limitations period for negotiable instruments under Utah Code section 70A-3-118, not the limitations period for written…”
Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021). “§ 70A-3-118 (2009)—that the applicable limitations period for a foreclosure action was six years.”
Dale K. Barker Co PC CPA Profit Sharing v. Turner, 2021 UT App 119 (Utah Ct. App. 2021). “), and the applicable statute of limitations is codified in Utah Code section 70A-3-118. In relevant part, the statute reads: [A]n action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates…”
Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). “" Utah Code Ann. § 70A-3-118(1) (emphasis added).”
Fitzgerald v. Spearhead Investments, 2021 UT 34 (Utah 2021). “2 ¶5 Pursuant to Utah Code section 70A-3-118(1), Alpine East had a limitations period of six years to file an action to foreclose the trust deed or record a notice of default on the property.”
— Utah Code § 70A-3-118(7) — 1 case
MacKin Eng'g Co. v. Am. Express Co., 437 F. App'x 100 (3rd Cir. 2011). “§ 3118(g); Utah Code Ann. § 70A-3-118(7). As the District Court observed, Mackin “was clearly in a better position to detect its employee’s fraud more easily and quickly than American Express” and “had the opportunity to initiate this lawsuit within the statute of limitations…”
— Utah Code § 70A-3-118(f) — 1 case
First Nat'l Bank of Layton v. Egbert, 663 P.2d 85 (Utah 1983). “, 1953, § 70A-3-118(f) in pertinent part reads: Unless otherwise specified consent to extension authorizes a single extension for not longer than the original period.”
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