§12A-3-312.

§12A-3-312.
   
                LOST, DESTROYED, OR STOLEN CASHIER'S CHECK,
                                      
                     TELLER'S CHECK, OR CERTIFIED CHECK
                                      
   (a) In this section:
   
   (1) "Check" means a cashier's check, teller's check, or certified
   check;
   
   (2) "Claimant" means a person who claims the right to receive the
   amount of a cashier's check, teller's check, or certified check that
   was lost, destroyed, or stolen;
   
   (3) "Declaration of loss" means a written statement, made under
   penalty of perjury, to the effect that (i) the declarer lost
   possession of a check, (ii) the declarer is the drawer or payee of the
   check, in the case of a certified check, or the remitter or payee of
   the check, in the case of a cashier's or teller's check, (iii) the
   loss of possession was not the result of a transfer by the declarer or
   a lawful seizure, and (iv) the declarer cannot reasonably obtain
   possession of the check because the check was destroyed, its
   whereabouts cannot be determined, or it is in the wrongful possession
   of an unknown person or a person that cannot be found or is not
   amenable to service of process; and
   
   (4) "Obligated bank" means the issuer of a cashier's check or a
   teller's check or the acceptor of a certified check.
   
   (b) A claimant may assert a claim to the amount of a check by a
   communication to the obligated bank describing the check with
   reasonable certainty and requesting payment of the amount of the
   check, if (i) the claimant is the drawer or payee of a certified check
   or the remitter or payee of a cashier's check or teller's check, (ii)
   the communication contains or is accompanied by a declaration of loss
   of the claimant with respect to the check, (iii) the communication is
   received at a time and in a manner affording the bank reasonable time
   to act on it before the check is paid, and (iv) the claimant provides
   reasonable identification if requested by the obligated bank. Delivery
   of a declaration of loss is a warranty of the truth of the statements
   made in the declaration. If a claim is asserted in compliance with
   this subsection, the following rules apply:
   
   (1) The claim becomes enforceable at the later of (i) the time the
   claim is asserted, or (ii) the ninetieth (90th) day following the date
   of the check, in the case of a cashier's check or teller's check, or
   the ninetieth (90th) day following the date of the acceptance, in the
   case of a certified check;
   
   (2) Until the claim becomes enforceable, it has no legal effect and
   the obligated bank may pay the check or, in the case of a teller's
   check, may permit the drawee to pay the check. Payment to a person
   entitled to enforce the check discharges all liability of the
   obligated bank with respect to the check;
   
   (3) If the claim becomes enforceable before the check is presented for
   payment, the obligated bank is not obliged to pay the check; and
   
   (4) When the claim becomes enforceable, the obligated bank becomes
   obliged to pay the amount of the check to the claimant if payment of
   the check has not been made to a person entitled to enforce the check.
   Subject to paragraph (1) of subsection (a) of Section 122 of this act,
   payment to the claimant discharges all liability of the obligated bank
   with respect to the check.
   
   (c) If the obligated bank pays the amount of a check to a claimant
   under paragraph (4) of subsection (b) of this section and the check is
   presented for payment by a person having rights of a holder in due
   course, the claimant is obliged to (i) refund the payment to the
   obligated bank if the check is paid, or (ii) pay the amount of the
   check to the person having rights of a holder in due course if the
   check is dishonored.
   
   (d) If a claimant has the right to assert a claim under subsection (b)
   of this section and is also a person entitled to enforce a cashier's
   check, teller's check, or certified check which is lost, destroyed, or
   stolen, the claimant may assert rights with respect to the check
   either under this section or Section 60 of this act.