- OPEN ACCOUNTS - 4 YEARS
- ORAL PROMISES-(may be for open accounts too) 3 YEARS
- WRITTEN CONTRACTS- 6 YEARS
- § 6A-2-725
- Statute of limitations -
- STORE CREDIT ACCOUNTS (?OPEN ACCOUNTS ?)
- Contracts for sale - Breach of warranty. -
- (1) An action for breach of any contract for sale must be commenced within
four (4) years after the cause of action has accrued. By the original agreement
the parties may reduce the period of limitation to not less than one year but
may not extend it.
- (2) A cause of action accrues when the breach occurs, regardless of the
aggrieved party's lack of knowledge of the breach. A breach of warranty occurs
when tender of delivery is made, except that where a warranty explicitly
extends to future performance of the goods and discovery of the breach must
await the time of such performance the cause of action accrues when the breach
is or should have been discovered.
- (3) Where an action commenced within the time limited by subsection (1)
is so terminated as to leave available a remedy by another action for the same
breach such other action may be commenced after the expiration of the time
limited and within six (6) months after the termination of the first action
unless the termination resulted from voluntary discontinuance or from dismissal
for failure or neglect to prosecute.
- (4) This section does not alter the law on tolling of the statute of
limitations nor does it apply to causes of action which have accrued before
January 2, 1962.
THIS IS THE PARAGRAPH THAT HAS BEEN MISCONSTRUED TO APPLY A 10 YEAR SOL FOR
OPEN ACCOUNT CREDIT CARDS - IT IS ONLY FOR BREACH OF WARRANTY
- (5) Notwithstanding any other provision of this section, any action
for breach of warranty arising out of an alleged design, inspection, testing
or manufacturing defect, or any other alleged defect of whatsoever kind or
nature in a product, must be commenced within ten (10) years after the date
the product was first purchased for use or consumption.
- § 6-27-3 Definitions. - As used in this chapter:
- (1) "Credit" means any loan, mortgage, deed of trust, advance, or discount;
any conditional sales contract; any contract to sell, or sale or contract of
sale of property or services either for present or future delivery, under which
part or all of the price is payable subsequent to the making of the sale or
contract and the creditor imposes a finance charge; any contract or arrangement
for the hire, bailment, or leasing of property in connection with which the
creditor imposes a finance charge; any option, demand, lien, pledge, or other
claim against or for the delivery of property or money; any purchase, or other
acquisition of, or any credit upon the security of, any obligation or claim
arising out of any of the foregoing; and any transaction or series of
transactions having a similar purpose or effect.
- (2) "Creditor" means any person engaged in the business of extending
credit, including any person who as a regular business practice makes loans
or sells or rents property or services on a time, credit, or installment basis,
either as principal or as agent, who requires, as an incident to the extension
of credit, the payment of a finance charge.
- (3) "Director" means the director of business regulation.
- (4) "Official fees" means the fees prescribed by law for filing, recording,
or otherwise perfecting or releasing or satisfying any title, lien, or
security interest retained or taken by a creditor in connection with the
extension of credit.
- (5) "Person" means any individual, corporation, partnership, association,
or other organized group of persons, or the legal successor or representative
of the foregoing.
- (6) "Revolving or open-end credit plan" means a credit plan prescribing the
terms of credit transactions exclusive of cash advances under the plans.
§ 6A-3-118 Statute of limitations. -
- WRITTEN CONTRACT
- (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 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.
- (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 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.
- (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 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 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 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 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,
- (ii) within six 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
ORAL CONTRACT-( ? OPEN ACCOUNT?)
(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.
Causes of Action
- § 9-1-18 Effect of absence from state on limitations. - If any person
against whom there is or shall be cause for any action, as enumerated in this
chapter, in favor of a resident of the state, shall at the time the cause
accrues be outside the limits of the state, or being within the state at the
time the cause accrues shall go out of the state before the action is barred by
the provisions of this chapter, and does not have or leave property or estate
in the state that can be attached by process of law, then the person entitled
to the action may commence the action, within the time before limited, after
the person has returned into the state in such a manner that an action may,
with reasonable diligence, be commenced against him or her by the person
entitled to the action;
provided, however, that no action shall be brought by any
person upon a cause of action accruing outside this state which was barred by
limitation or otherwise in the state, territory, or country in which the cause
of action arose while he or she resided in the state.
Causes of Action
- § 9-1-4 Statute of frauds. - No action shall be brought:
- (1) Whereby to charge any person upon any contract for the sale of lands,
tenements, or hereditaments, or the making of any lease thereof for a longer
time than one year;
- (2) Whereby to charge any person upon any agreement made upon consideration
- (3) Whereby to charge any trustee under any express trust, or any executor
or administrator, upon his or her special promise to answer any debt or damage
out of his or her own estate;
- (4) Whereby to charge any person upon his or her special promise to answer
for the debt, default, or miscarriage of another person;
- (5) Whereby to charge any person upon any agreement which is not to be
performed within the space of one year from the making thereof;
- (6) Whereby to charge any person upon any agreement or promise to pay any
commission for or upon the sale of any interest in real estate,unless the
promise or agreement upon which the action shall be brought, or some note
or memorandum thereof, shall be in writing, and signed by the party to be
charged therewith, or by some other person by him or her thereunto lawfully