Skip to content
LexBuild

12 USC § 5010 - Statute of limitations and notice of claim

---
identifier: "/us/usc/t12/s5010"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 5010 - Statute of limitations and notice of claim"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "5010"
section_name: "Statute of limitations and notice of claim"
chapter_number: 50
chapter_name: "CHECK TRUNCATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 108–100, § 11, Oct. 28, 2003, 117 Stat. 1188.)"
---

# § 5010. Statute of limitations and notice of claim

**(a)** **Actions under this chapter**

**(1)** **In general** An action to enforce a claim under this chapter may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 1-year period beginning on the date the cause of action accrues.

**(2)** **Accrual** A cause of action accrues as of the date the injured party first learns, or by which such person reasonably should have learned, of the facts and circumstances giving rise to the cause of action.

**(b)** **Discharge of claims** Except as provided in subsection (c), unless a person gives notice of a claim to the indemnifying or warranting bank within 30 days after the person has reason to know of the claim and the identity of the indemnifying or warranting bank, the indemnifying or warranting bank is discharged from liability in an action to enforce a claim under this chapter to the extent of any loss caused by the delay in giving notice of the claim.

**(c)** **Notice of claim by consumer** section 5006 of this title

A timely claim by a consumer under  for expedited recredit constitutes timely notice of a claim by the consumer for purposes of subsection (b).

---

**Source Credit**: (Pub. L. 108–100, § 11, Oct. 28, 2003, 117 Stat. 1188.)

## Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(1), (b), was in the original “this Act”, meaning , , , which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective at the end of the 12-month period beginning on , see , set out as a note under .