[Previous] [Next]
§12A-3-505.
§12A-3-505.
EVIDENCE OF DISHONOR
(a) 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
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.
(b) A protest is a certificate of dishonor made by a United States
consul or vice consul, or 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.
[Previous] [Next]