§ 41-03-37.1 — (3-312) Lost, destroyed, or stolen cashier's check, teller's check, or certified check

North Dakota § 41-03-37.1

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-03: Negotiable Instruments

Text

certified check.
1. In this section:
a. "Check" means a cashier's check, teller's check, or certified check.
b. "Claimant" means a person who claims the right to receive the amount of a check
that was lost, destroyed, or stolen.

c. "Declaration of loss" means a written statement, made under penalty of perjury, to
the effect that:
(1) The declarer lost possession of a check;
(2) The declarer is the drawer or payee of the check in the case of a certified
check, or the remitter or payee of the check in the case of a cashier's check
or teller's check;
(3) The loss of possession was not the result of a transfer by the declarer or a
lawful seizure; and
(4) The declarer cannot reasonably obtain possession of the check because the
check was destroyed, its whereabouts cannot be determined, or it is in the
wrongful possession of an unknown person or a person that cannot be
found or is not amenable to service of process.
d. "Obligated bank" means the issuer of a cashier's check or teller's check or the
acceptor of a certified check.
2. A claimant may assert a claim to the amount of a check by a communication to the
obligated bank describing the check with reasonable certainty and requesting payment
of the amount of the check, if the claimant is the drawer or payee of a certified check
or the remitter or payee of a cashier's check or teller's check, the communication
contains or is accompanied by a declaration of loss of the claimant with respect to the
check, the communication is received at a time and in a manner affording the bank a
reasonable time to act on it before the check is paid, and the claimant provides
reasonable identification if requested by the obligated bank. Delivery of a declaration
of loss is a warranty of the truth of the statements made in the declaration. If a claim is
asserted in compliance with this subsection, the following rules apply:
a. The claim becomes enforceable at the later of the time the claim is asserted, the
ninetieth day following the date of the check in the case of a cashier's check or
teller's check, or the ninetieth day following the date of the acceptance in the
case of a certified check.
b. Until the claim becomes enforceable, it has no legal effect and the obligated bank
may pay the check or, in the case of a teller's check, may permit the drawee to
pay the check. Payment to a person entitled to enforce the check discharges all
liability of the obligated bank with respect to the check.
c. If the claim becomes enforceable before the check is presented for payment, the
obligated bank is not obliged to pay the check.
d. When the claim becomes enforceable, the obligated bank becomes obliged to
pay the amount of the check to the claimant if payment of the check has not been
made to a person entitled to enforce the check. Subject to subdivision a of
subsection 1 of section 41-04-30, payment to the claimant discharges all liability
of the obligated bank with respect to the check.
3. If the obligated bank pays the amount of a check to a claimant under subdivision d of
subsection 2 and the check is presented for payment by a person having rights of a
holder in due course, the claimant is obliged to refund the payment to the obligated
bank if the check is paid, or to pay the amount of the check to the person having rights
of a holder in due course if the check is dishonored.
4. If a claimant has the right to assert a claim under subsection 2 and is also a person
entitled to enforce a check that is lost, destroyed, or stolen, the claimant may assert
rights with respect to the check either under this section or section 41-03-35.