27-2-213. Actions against banks. (1) Except as provided in subsection (2), there are no time limitations on the commencement of actions to recover money or other property deposited with any bank, banker, trust company, or savings and loan corporation, association, or society.

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Terms Used In Montana Code 27-2-213

  • action: as used in this chapter , is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature. See Montana Code 27-2-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: means real and personal property. See Montana Code 1-1-205

(2)Any action to obtain, set aside, or question in any manner any stated or settled account between any bank, banker, trust company, or savings and loan corporation, association, or society and any depositor with the bank, banker, trust company, or savings and loan corporation, association, or society must be commenced within 5 years from the date of the statement of the account. Any action based upon or arising from the payment by any bank, banker, trust company, or savings and loan corporation, association, or society of a forged, raised, or otherwise altered check, order, or promissory note out of the deposit, money, or property of the plaintiff must be commenced within 3 years from the day on which the plaintiff or the plaintiff’s agent, assignee, or personal representative was notified of payment or received the check, order, or note marked “paid”.