Presumption of Payment of Check

  1. Law
  2. Georgia Code
  3. Evidence
  4. Proof Generally
  5. Presumptions and Estoppel
  6. Presumption of Payment of Check

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  1. As used in this Code section:
    1. "Bank" means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union.
    2. "Check" means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as "share draft" or "negotiable order of withdrawal."
  2. In any dispute concerning payment by means of a check, a duplicate of the check produced in accordance with Code Section 24-10-1003, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a duplicate thereof produced in the same manner, shall create a presumption that the check has been paid.

(Code 1981, §24-14-25, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)


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