Title 11, Chapter 3, Section 502
( 11-3-502)
Dishonor. (a) Dishonor of a note is governed by the following rules: (1) If the note is payable on demand, the note is dishonored if
presentment is duly made to the maker and the note is not paid on
the day of presentment. (2) If the note is not payable on demand and is payable at or
through a bank or the terms of the note require presentment, the
note is dishonored if presentment is duly made and the note is not
paid on the day it becomes payable or the day of presentment,
whichever is later. (3) If the note is not payable on demand and paragraph (2) of this
subsection does not apply, the note is dishonored if it is not
paid on the day it becomes payable. (b) Dishonor of an unaccepted draft other than a documentary draft
is governed by the following rules: (1) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under Code Section 11-4-301 or 11-4-302, or becomes accountable for the amount of the check under Code Section 11-4-302. (2) If a draft is payable on demand and paragraph (1) of this
subsection does not apply, the draft is dishonored if presentment
for payment is duly made to the drawee and the draft is not paid
on the day of presentment. (3) If a draft is payable on a date stated in the draft, the draft
is dishonored if: (i) Presentment for payment is duly made to the drawee and
payment is not made on the day the draft becomes payable or the
day of presentment, whichever is later; or (ii) Presentment for acceptance is duly made before the day the
draft becomes payable and the draft is not accepted on the day
of presentment. (4) If a draft is payable on elapse of a period of time after
sight or acceptance, the draft is dishonored if presentment for
acceptance is duly made and the draft is not accepted on the day
of presentment. (c) Dishonor of an unaccepted documentary draft occurs according to
the rules stated in paragraphs (2), (3), and (4) of subsection (b)
of this Code section, except that payment or acceptance may be
delayed without dishonor until no later than the close of the third
business day of the drawee following the day on which payment or
acceptance is required by those paragraphs. (d) Dishonor of an accepted draft is governed by the following
rules: (1) If the draft is payable on demand, the draft is dishonored if
presentment for payment is duly made to the acceptor and the draft
is not paid on the day of presentment; or (2) If the draft is not payable on demand, the draft is dishonored
if presentment for payment is duly made to the acceptor and
payment is not made on the day it becomes payable or the day of
presentment, whichever is later. (e) In any case in which presentment is otherwise required for dishonor under this Code section and presentment is excused under Code Section 11-3-504, dishonor occurs without presentment if the instrument is not duly accepted or paid. (f) If a draft is dishonored because timely acceptance of the draft
was not made and the person entitled to demand acceptance consents
to a late acceptance, from the time of acceptance the draft is
treated as never having been dishonored. |