Evidence of Dishonor

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Negotiable Instruments
  5. Dishonor
  6. Evidence of Dishonor

Checkout our iOS App for a better way to browser and research.

  1. The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
    1. A document regular in form as provided in subsection (b) of this Code section which purports to be a protest;
    2. A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; and
    3. A book or record of the drawee, payor bank, or collecting bank kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.
  2. A protest is a certificate of dishonor made by a United States consul or vice consul or by a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.

(Code 1981, §11-3-505, enacted by Ga. L. 1996, p. 1306, § 3.)

Cross references.

- Evidence of presentation, nonpayment, and protest relating to instruments issued in payment of wages or salary due, § 34-7-3.

Law reviews.

- For article surveying cases dealing with law of evidence from June 1977 through May 1978, see 30 Mercer L. Rev. 91 (1978). For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966).

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bills and Notes, § 669,.

C.J.S.

- 10 C.J.S., Bills and Notes, § 299.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 3-505.

ALR.

- Examining directory as sufficient diligence in locating drawer or endorser for purpose of notice of dishonor, 55 A.L.R. 673.

Promise to pay at future time by party to whom presentment is made as excusing notice of dishonor, 62 A.L.R. 295.

Presumption as to payment or discharge of obligation from obligor's possession of paper evidencing it, 70 A.L.R. 859; 156 A.L.R. 777.

Necessity of producing in court note or other evidence of debt sued on, as a precaution against possibility of double liability, 129 A.L.R. 977.

PART 6 DISCHARGE AND PAYMENT

Cross references.

- Applicability of article to provisions of T. 10 pertaining to discharge of parties to suretyship, § 10-7-27.


Download our app to see the most-to-date content.