Chapter 5Dishonor
Section § 3501
This law section defines 'presentment' as asking for payment or acceptance of a financial instrument, like a check or a note. It explains that presentment can be done in various ways, such as in person, by writing, or electronically, and it is considered effective once received by the responsible party. The person making the presentment may need to show identification and provide proof of their authority if they're acting for someone else. If payment is made, a receipt must be signed or the instrument surrendered if fully paid. The party asked for payment can return the instrument if it's missing a signature or if there are compliance issues. They can also treat presentment as happening the next business day if received after a specified cutoff time.
Section § 3502
If someone doesn't pay a note or check when they're supposed to, it's considered 'dishonored.' For notes payable on demand, this happens if they're not paid the day they're presented. If they're due on a specific date, it happens if not paid by then. With checks, it's dishonored if the bank sends it back or notifies you it won't be paid. For drafts (another kind of payment promise), the rules depend on whether they're payable immediately or at a later date. If someone agrees to late acceptance on a draft that was dishonored, it won't be seen as dishonored anymore.
Section § 3503
This law explains when you can hold someone responsible if a check or similar financial instrument isn't paid. Basically, if you want to enforce the responsibility of the person who signed or drew the check, you need to let them know it wasn't paid, unless there's a special reason not to. This notice can be given in any reasonable way, like a direct message or even returning the check. If a bank is involved, they have to notify the involved parties by the next business day, but everyone else has up to 30 days to do so. This ensures that people are properly informed when these issues occur.
Section § 3504
In California, you don't have to present a financial instrument like a check for payment or acceptance in certain situations. For example, if it's impossible to present it with reasonable effort, if the person who should pay it has backed out, or if the instrument itself says it's not needed. Also, if the person expected to pay has waived this need or given no reason to expect a presentation, or told the bank not to pay, you can skip presentment. Additionally, if someone has waived their right to be notified when a payment is dishonored, you don't need to inform them of that non-payment. If there is a delay in notifying about this non-payment, it's acceptable if uncontrollable circumstances caused it, as long as you were diligent afterward.
Section § 3505
This section explains when certain documents can be used as proof that a financial instrument, like a check, was not honored or paid. It allows for evidence that creates a presumption of dishonor if the document appears formal and matches specific criteria. One example is a protest, which is a certificate stating dishonor, made by officials like notaries. Other examples include stamps or writings from banks indicating refusal without inconsistent reasons, and bank records showing dishonor kept in regular business practice.
A protest must clearly identify the financial instrument, confirm an attempt to present it for payment or explain why it wasn't presented, certify its dishonor due to non-payment, and may note any notification of dishonor given to involved parties.