§25‑3‑312. Lost, destroyed, or stolen cashier's check, teller'scheck, or certified check.
(a) In this section:
(1) "Check"means a cashier's check, teller's check, or certified check.
(2) "Claimant"means a person who claims the right to receive the amount of a cashier's check,teller's check, or certified check that was lost, destroyed, or stolen.
(3) "Declaration ofloss" means a written statement, made under penalty of perjury, to theeffect that (i) the declarer lost possession of a check, (ii) the declarer isthe drawer or payee of the check, in the case of a certified check, or theremitter or payee of the check, in the case of a cashier's check or teller'scheck, (iii) the loss of possession was not the result of a transfer by thedeclarer or a lawful seizure, and (iv) the declarer cannot reasonably obtainpossession of the check because the check was destroyed, its whereabouts cannotbe determined, or it is in the wrongful possession of an unknown person or aperson that cannot be found or is not amenable to service of process.
(4) "Obligatedbank" means the issuer of a cashier's check or teller's check or theacceptor of a certified check.
(b) A claimant mayassert a claim to the amount of a check by a communication to the obligatedbank describing the check with reasonable certainty and requesting payment ofthe amount of the check, if (i) the claimant is the drawer or payee of acertified check or the remitter or payee of a cashier's check or teller'scheck, (ii) the communication contains or is accompanied by a declaration ofloss of the claimant with respect to the check, (iii) the communication isreceived at a time and in a manner affording the bank a reasonable time to acton it before the check is paid, and (iv) the claimant provides reasonableidentification if requested by the obligated bank. Delivery of a declaration ofloss is a warranty of the truth of the statements made in the declaration. If aclaim is asserted in compliance with this subsection, the following rulesapply:
(1) The claim becomesenforceable at the later of (i) the time the claim is asserted, or (ii) the90th day following the date of the check, in the case of a cashier's check orteller's check, or the 90th day following the date of the acceptance, in thecase of a certified check.
(2) Until the claimbecomes enforceable, it has no legal effect and the obligated bank may pay thecheck or, in the case of a teller's check, may permit the drawee to pay thecheck. Payment to a person entitled to enforce the check discharges allliability of the obligated bank with respect to the check.
(3) If the claim becomesenforceable before the check is presented for payment, the obligated bank isnot obliged to pay the check.
(4) When the claimbecomes enforceable, the obligated bank becomes obliged to pay the amount ofthe check to the claimant if payment of the check has not been made to a personentitled to enforce the check. Subject to G.S. 25‑4‑302(a)(1),payment to the claimant discharges all liability of the obligated bank with respectto the check.
(c) If the obligatedbank pays the amount of a check to a claimant under subsection (b)(4) of thissection and the check is presented for payment by a person having rights of aholder in due course, the claimant is obliged to (i) refund the payment to theobligated bank if the check is paid, or (ii) pay the amount of the check to theperson having rights of a holder in due course if the check is dishonored.
(d) If a claimant hasthe right to assert a claim under subsection (b) of this section and is also aperson entitled to enforce a cashier's check, teller's check, or certifiedcheck which is lost, destroyed, or stolen, the claimant may assert rights withrespect to the check either under this section or G.S. 25‑3‑309. (1995,c. 232, s. 1.)
§25‑3‑312. Lost, destroyed, or stolen cashier's check, teller'scheck, or certified check.
(a) In this section:
(1) "Check"means a cashier's check, teller's check, or certified check.
(2) "Claimant"means a person who claims the right to receive the amount of a cashier's check,teller's check, or certified check that was lost, destroyed, or stolen.
(3) "Declaration ofloss" means a written statement, made under penalty of perjury, to theeffect that (i) the declarer lost possession of a check, (ii) the declarer isthe drawer or payee of the check, in the case of a certified check, or theremitter or payee of the check, in the case of a cashier's check or teller'scheck, (iii) the loss of possession was not the result of a transfer by thedeclarer or a lawful seizure, and (iv) the declarer cannot reasonably obtainpossession of the check because the check was destroyed, its whereabouts cannotbe determined, or it is in the wrongful possession of an unknown person or aperson that cannot be found or is not amenable to service of process.
(4) "Obligatedbank" means the issuer of a cashier's check or teller's check or theacceptor of a certified check.
(b) A claimant mayassert a claim to the amount of a check by a communication to the obligatedbank describing the check with reasonable certainty and requesting payment ofthe amount of the check, if (i) the claimant is the drawer or payee of acertified check or the remitter or payee of a cashier's check or teller'scheck, (ii) the communication contains or is accompanied by a declaration ofloss of the claimant with respect to the check, (iii) the communication isreceived at a time and in a manner affording the bank a reasonable time to acton it before the check is paid, and (iv) the claimant provides reasonableidentification if requested by the obligated bank. Delivery of a declaration ofloss is a warranty of the truth of the statements made in the declaration. If aclaim is asserted in compliance with this subsection, the following rulesapply:
(1) The claim becomesenforceable at the later of (i) the time the claim is asserted, or (ii) the90th day following the date of the check, in the case of a cashier's check orteller's check, or the 90th day following the date of the acceptance, in thecase of a certified check.
(2) Until the claimbecomes enforceable, it has no legal effect and the obligated bank may pay thecheck or, in the case of a teller's check, may permit the drawee to pay thecheck. Payment to a person entitled to enforce the check discharges allliability of the obligated bank with respect to the check.
(3) If the claim becomesenforceable before the check is presented for payment, the obligated bank isnot obliged to pay the check.
(4) When the claimbecomes enforceable, the obligated bank becomes obliged to pay the amount ofthe check to the claimant if payment of the check has not been made to a personentitled to enforce the check. Subject to G.S. 25‑4‑302(a)(1),payment to the claimant discharges all liability of the obligated bank with respectto the check.
(c) If the obligatedbank pays the amount of a check to a claimant under subsection (b)(4) of thissection and the check is presented for payment by a person having rights of aholder in due course, the claimant is obliged to (i) refund the payment to theobligated bank if the check is paid, or (ii) pay the amount of the check to theperson having rights of a holder in due course if the check is dishonored.
(d) If a claimant hasthe right to assert a claim under subsection (b) of this section and is also aperson entitled to enforce a cashier's check, teller's check, or certifiedcheck which is lost, destroyed, or stolen, the claimant may assert rights withrespect to the check either under this section or G.S. 25‑3‑309. (1995,c. 232, s. 1.)
§25‑3‑312. Lost, destroyed, or stolen cashier's check, teller'scheck, or certified check.
(a) In this section:
(1) "Check"means a cashier's check, teller's check, or certified check.
(2) "Claimant"means a person who claims the right to receive the amount of a cashier's check,teller's check, or certified check that was lost, destroyed, or stolen.
(3) "Declaration ofloss" means a written statement, made under penalty of perjury, to theeffect that (i) the declarer lost possession of a check, (ii) the declarer isthe drawer or payee of the check, in the case of a certified check, or theremitter or payee of the check, in the case of a cashier's check or teller'scheck, (iii) the loss of possession was not the result of a transfer by thedeclarer or a lawful seizure, and (iv) the declarer cannot reasonably obtainpossession of the check because the check was destroyed, its whereabouts cannotbe determined, or it is in the wrongful possession of an unknown person or aperson that cannot be found or is not amenable to service of process.
(4) "Obligatedbank" means the issuer of a cashier's check or teller's check or theacceptor of a certified check.
(b) A claimant mayassert a claim to the amount of a check by a communication to the obligatedbank describing the check with reasonable certainty and requesting payment ofthe amount of the check, if (i) the claimant is the drawer or payee of acertified check or the remitter or payee of a cashier's check or teller'scheck, (ii) the communication contains or is accompanied by a declaration ofloss of the claimant with respect to the check, (iii) the communication isreceived at a time and in a manner affording the bank a reasonable time to acton it before the check is paid, and (iv) the claimant provides reasonableidentification if requested by the obligated bank. Delivery of a declaration ofloss is a warranty of the truth of the statements made in the declaration. If aclaim is asserted in compliance with this subsection, the following rulesapply:
(1) The claim becomesenforceable at the later of (i) the time the claim is asserted, or (ii) the90th day following the date of the check, in the case of a cashier's check orteller's check, or the 90th day following the date of the acceptance, in thecase of a certified check.
(2) Until the claimbecomes enforceable, it has no legal effect and the obligated bank may pay thecheck or, in the case of a teller's check, may permit the drawee to pay thecheck. Payment to a person entitled to enforce the check discharges allliability of the obligated bank with respect to the check.
(3) If the claim becomesenforceable before the check is presented for payment, the obligated bank isnot obliged to pay the check.
(4) When the claimbecomes enforceable, the obligated bank becomes obliged to pay the amount ofthe check to the claimant if payment of the check has not been made to a personentitled to enforce the check. Subject to G.S. 25‑4‑302(a)(1),payment to the claimant discharges all liability of the obligated bank with respectto the check.
(c) If the obligatedbank pays the amount of a check to a claimant under subsection (b)(4) of thissection and the check is presented for payment by a person having rights of aholder in due course, the claimant is obliged to (i) refund the payment to theobligated bank if the check is paid, or (ii) pay the amount of the check to theperson having rights of a holder in due course if the check is dishonored.
(d) If a claimant hasthe right to assert a claim under subsection (b) of this section and is also aperson entitled to enforce a cashier's check, teller's check, or certifiedcheck which is lost, destroyed, or stolen, the claimant may assert rights withrespect to the check either under this section or G.S. 25‑3‑309. (1995,c. 232, s. 1.)
