47-4403. Customer's right to stop payment;
burden of proof of loss
A. A customer or any person authorized to draw on the account if there is more than
one person may stop payment of any item drawn on the customer's account or close the
account by an order to the bank describing the item or account with reasonable certainty
received at a time and in a manner that affords the bank a reasonable opportunity to act
on it before any action by the bank with respect to the item described in section
47-4303. If the signature of more than one person is required to draw on an account, any
of these persons may stop payment or close the account.
B. A stop-payment order is effective for six months, but it lapses after fourteen
calendar days if the original order was oral and was not confirmed in writing within that
period. A stop-payment order may be renewed for additional six month periods by a
writing given to the bank within a period during which the stop-payment order is
effective.
C. The burden of establishing the fact and amount of loss resulting from the
payment of an item contrary to a stop-payment order or order to close an account is on
the customer. The loss from payment of an item contrary to a stop-payment order may
include damages for dishonor of subsequent items under section 47-4402.
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