Colorado Revised Statutes

Colo. Rev. Stat. § 4-3-603 (2026)

Tender of payment

✓ current as of July 2026
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(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

Source: L. 94: Entire article R&RE, p. 877, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 4-3-604 as it existed prior to 1994.

Notes of Decisions
Cited in 2 cases, 1975–1989 · leading case: Lamson v. Com. Credit Corp., 531 P.2d 966 (Colo. 1975).
Lamson v. Com. Credit Corp., 531 P.2d 966 (Colo. 1975). · cites it 2× “Section 4-3-603. Once the obligor is discharged on the instruments, he is also discharged on the underlying obligation.”
Ohio Cas. Ins. Co. v. Yaklich, 768 P.2d 1274 (Colo. Ct. App. 1989). · cites it 5× “Under the provisions of the bond, Ohio Casualty paid to FDIC the amount due on Yak-lich’s note, and received an assignment of the right to attempt collection on the note.”
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