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§12A-3-304.
§12A-3-304.
OVERDUE INSTRUMENT
(a) An instrument payable on demand becomes overdue at the earliest of
the following times:
(1) on the day after the day demand for payment is duly made;
(2) if the instrument is a check, ninety (90) days after its date; or
(3) if the instrument is not a check, when the instrument has been
outstanding for a period of time after its date which is unreasonably
long under the circumstances of the particular case in light of the
nature of the instrument and usage of the trade.
(b) With respect to an instrument payable at a definite time the
following rules apply:
(1) If the principal is payable in installments and a due date has not
been accelerated, the instrument becomes overdue upon default under
the instrument for nonpayment of an installment, and the instrument
remains overdue until the default is cured;
(2) If the principal is not payable in installments and the due date
has not been accelerated, the instrument becomes overdue on the day
after the due date; and
(3) If a due date with respect to principal has been accelerated, the
instrument becomes overdue on the day after the accelerated due date.
(c) Unless the due date of principal has been accelerated, an
instrument does not become overdue if there is default in payment of
interest but no default in payment of principal.
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