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§12A-3-411.
§12A-3-411.
REFUSAL TO PAY CASHIER'S CHECKS,
TELLER'S CHECKS, AND CERTIFIED CHECKS
(a) In this section, "obligated bank" means the acceptor of a
certified check or the issuer of a cashier's check or teller's check
bought from the issuer.
(b) If the obligated bank wrongfully (i) refuses to pay a cashier's
check or certified check, (ii) stops payment of a teller's check, or
(iii) refuses to pay a dishonored teller's check, the person asserting
the right to enforce the check is entitled to compensation for
expenses and loss of interest resulting from the nonpayment and may
recover consequential damages if the obligated bank refuses to pay
after receiving notice of particular circumstances giving rise to the
damages.
(c) Expenses or consequential damages under subsection (b) of this
section are not recoverable if the refusal of the obligated bank to
pay occurs because (i) the bank suspends payments, (ii) the obligated
bank asserts a claim or defense of the bank that it has reasonable
grounds to believe is available against the person entitled to enforce
the instrument, (iii) the obligated bank has a reasonable doubt
whether the person demanding payment is the person entitled to enforce
the instrument, or (iv) payment is prohibited by law.
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