§ 41-04-34 — (4-403) Customer's right to stop payment - Burden of proof of loss

North Dakota § 41-04-34

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-04: Bank Deposits and Collections

Text

1. A customer or any other person authorized to draw on the account 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 such time
and in such manner as to afford the bank a reasonable opportunity to act on it before
any action by the bank with respect to the item described in section 41-04-31. 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.
2. A stop order is effective for six months after the time it is received, but it lapses after
fourteen calendar days if the original order was oral and was not confirmed in a record
within that period. A stop order may be renewed for additional six-month periods by a
record given to the bank within a period during which the stop order is effective.
3. 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 pursuant to section 41-04-33.