§ 34.1-3-312 — Lost, destroyed or stolen cashier's check, teller's check or certified check

Wyoming § 34.1-3-312

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 3: NEGOTIABLE INSTRUMENTS

Text

(a) In this section:
(i) "Check" means a cashier's check, teller's check
or certified check;
(ii) "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;
(iii) "Declaration of loss" means a statement, made
in a record under penalty of perjury, to the effect that:
(A) The declarer lost possession of a check;
(B) 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;
(C) The loss of possession was not the result of
a transfer by the declarer or a lawful seizure; and
(D) 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.
(iv) "Obligated bank" means the issuer of a cashier's
check or teller's check or the acceptor of a certified check.
(b) 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:
(i) 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;
(ii) The communication contains or is accompanied by
a declaration of loss of the claimant with respect to the check;
(iii) 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
(iv) The claimant provides reasonable identification
if requested by the obligated bank.
(c) 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 subsection (b) of this section, the
following rules apply:
(i) The claim becomes enforceable at the later of:
(A) The time the claim is asserted;
(B) The ninetieth (90th) day following the date
of the check, in the case of a cashier's check or teller's
check; or
(C) The ninetieth (90th) day following the date
of the acceptance, in the case of a certified check.
(ii) 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;
(iii) If the claim becomes enforceable before the
check is presented for payment, the obligated bank is not
obliged to pay the check;
(iv) 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 W.S.
34.1-4-302(a)(i), payment to the claimant discharges all
liability of the obligated bank with respect to the check.
(d) If the obligated bank pays the amount of a check to a
claimant under paragraph (c)(iv) of this section and the check
is presented for payment by a person having rights of a holder
in due course, the claimant is obliged to:
(i) Refund the payment to the obligated bank if the
check is paid; or
(ii) Pay the amount of the check to the person having
rights of a holder in due course if the check is dishonored.
(e) If a claimant has the right to assert a claim under
subsection (b) of this section and is also a person entitled to
enforce a cashier's check, teller's check or certified check
which is lost, destroyed or stolen, the claimant may assert
rights with respect to the check either under this section or
W.S. 34.1-3-309.
PART 4
LIABILITY OF PARTIES