Florida Statutes
Fla. Stat. § 673.3041 (2025)
Overdue instrument.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
673.3041 Overdue instrument.—
(1) An instrument payable on demand becomes overdue at the earliest of the following times:
(a) On the day after the day demand for payment is duly made;
(b) If the instrument is a check, 90 days after its date; or
(c) 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.
(2) With respect to an instrument payable at a definite time, the following rules apply:
(a) 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.
(b) 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.
(c) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.
(3) 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.
Notes of Decisions
Cited in 1
case, 2014–2014 · leading case: Amadou Wane v. The Loan Corp., 552 F. App'x 908 (11th Cir. 2014).
Amadou Wane v. The Loan Corp., 552 F. App'x 908 (11th Cir. 2014). “” Fla. Stat. § 673.3041 (2)(c). Both parties agree that BankUnited has paid the documentary stamp tax on the loan’s original principal amount of 0,000.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.