Statute of limitations on promissory notes in North Dakota

Rule or statute summary

In North Dakota, the statute of limitations (SOL) that applies to a promissory note depends on what the note is (and how it’s written) and what claim you’re bringing (for example, enforcing the payment obligation under the note versus pursuing some other related theory).

For many straightforward lending documents—particularly written promissory notes that state an express promise to pay on a schedule—the most commonly applied SOL is the one for actions founded on an express written agreement. Under that rule, North Dakota generally provides a 6-year limitations period for certain claims “upon a contract, obligation, or liability founded upon an express written agreement.”

Two timing concepts are crucial in practice:

• Accrual (when the clock starts): The SOL typically begins running when the claim accrues, which often aligns with the first payment due date that is missed, or with the point when the obligation becomes due under the note’s terms (including any default or acceleration provisions).
• Interruption / tolling (when the clock pauses or resets): Some events may affect timing (depending on the statute and the facts), such as certain acknowledgments, payments, or other legal events that courts treat as impacting the limitations period. The details vary and are highly fact-specific.

If you want a consistent way to estimate deadlines from key dates, DocketMath’s statute-of-limitations calculator is designed to let you enter the dates that typically drive accrual and then compute a projected “latest filing” date based on the applicable North Dakota period (with the usual caveat that real-world outcomes can depend on additional facts).

Citations

Below are the core North Dakota citations that most often anchor promissory-note SOL analysis.

• Written contract / express written agreement – 6 years

  • N.D. Cent. Code § 28-01-16(1): sets a limitations period of six years for actions “upon a contract, obligation, or liability founded upon an express written agreement.”

• General limitations framework

  • N.D. Cent. Code ch. 28-01: North Dakota’s limitations chapter contains multiple subsections for different kinds of claims (with different time limits). Which subsection applies can turn on claim type and how the lawsuit is pleaded.

• **Accrual (when the claim is treated as starting)

  • North Dakota’s accrual approach is driven by the limitations statutes and how courts apply them to the specific claim. If the note has an acceleration clause, the “trigger” date that makes payments due can be a major factor—what counts as the operative acceleration/default date depends on the note language and the litigation posture.

Practical “what to choose” guidance for promissory notes

As a starting point, § 28-01-16(1) is often the best fit when:

• the promissory note is in writing, and
• it contains an express promise to pay (principal and interest, or a defined interest formula), and
• the lawsuit is essentially an effort to enforce the note’s payment obligation (i.e., “founded upon” the written agreement).

If the note is not clearly enforceable as written (or if the creditor relies on a separate agreement, modification, or different basis for liability), you may need to confirm which limitations category truly matches the claim.

Use the calculator

Use DocketMath to estimate a projected limitations deadline for a North Dakota promissory note claim.

To run the statute-of-limitations calculator, you’ll generally provide inputs such as:

• Jurisdiction: US-ND (North Dakota)
• Claim type selection: choose the option that corresponds to a written contract / express written agreement (the typical match for written promissory notes under N.D. Cent. Code § 28-01-16(1))
• Accrual trigger date: the date from which the SOL starts running. Common candidates include:

  • the due date of the first missed installment, if the note is payable in installments, or
  • the date of default/acceleration, if the note’s terms make an acceleration event the point when the full balance becomes due.
• Tolling/interrupting event dates (optional): if the calculator supports it and you have relevant dates tied to facts like acknowledgments or payments that may affect limitations timing.

How the outputs change

The calculator’s “latest filing date” is sensitive to the accrual trigger date. Using the 6-year written-agreement period as the governing term from N.D. Cent. Code § 28-01-16(1):

• If the relevant due/default event is March 15, 2020, a straight projection would land around March 15, 2026 (subject to how accrual is determined and any applicable tolling).
• If a creditor argues accrual should be measured from an earlier event—say January 10, 2020—then the projected deadline shifts earlier to about January 10, 2026.

In short: change the accrual trigger date, and the computed “latest filing” date shifts accordingly.

Run it now

Open DocketMath’s tool here: /tools/statute-of-limitations and select the North Dakota written-agreement track aligned with N.D. Cent. Code § 28-01-16(1).

Checklist before you hit “calculate”

Sources and references

Start with the primary authority for North Dakota and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• N.D. Cent. Code § 28-01-18

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator