Title 11, Chapter 3, Section 411
( 11-3-411)
Refusal to pay cashier's checks, teller's checks, and certified checks. (a) In this Code section, "obligated bank" means the acceptor of a
certified check or the issuer of a cashier's check or teller's check
bought from the issuer. (b) If the obligated bank wrongfully (i) refuses to pay a cashier's
check or certified check; (ii) stops payment of a teller's check; or
(iii) refuses to pay a dishonored teller's check, the person
asserting the right to enforce the check is entitled to compensation
for expenses and loss of interest resulting from the nonpayment and
may recover consequential damages if the obligated bank refuses to
pay after receiving notice of particular circumstances giving rise
to the damages. (c) Expenses or consequential damages under subsection (b) of this
Code section are not recoverable if the refusal of the obligated
bank to pay occurs because (i) the bank suspends payments; (ii) the
obligated bank asserts a claim or defense of the bank that it has
reasonable grounds to believe is available against the person
entitled to enforce the instrument; (iii) the obligated bank has a
reasonable doubt whether the person demanding payment is the person
entitled to enforce the instrument; or (iv) payment is prohibited by
law. |