O.C.G.A.
O.C.G.A.

O.C.G.A. § 11-3-411 (2019)

Refusal to pay cashier’s checks, teller’s checks, and certified checks

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) In this Code 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 Code 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.

History

Code 1981, § 11-3-411, enacted by Ga. L. 1996, p. 1306, § 3.

Annotations

JUDICIAL DECISIONS Bank properly refused to pay cashier’s check. - Trial court did not err in granting summary judgment to a bank because the bank acted properly in refusing to honor the cashier’s check since the funds were the property of the payee and were within the control of the bank at the

time the bank received the garnishment order; thus, O.C.G.A. § 18-4-4 required that the bank pay those funds into the court in the garnishment action and not to the payee. Burrowes v. Bank of Am., N.A., 340 Ga. App. 248, 797 S.E.2d 493, 2017 Ga. App. LEXIS 50 (2017).

RESEARCH REFERENCES U.L.A. Uniform Commercial Code (U.L.A.) § 3411.

Notes of Decisions
Cited in 4 cases, 1995–2017 · leading case: Fernandez v. Bank of Dahlonega, 459 S.E.2d 424 (Ga. Ct. App. 1995).
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Fernandez v. Bank of Dahlonega, 459 S.E.2d 424 (Ga. Ct. App. 1995). · cites it 8× “See OCGA § 11-3-411 (1); Harris v. Hill, 129 Ga.”
Weldon v. Trust Co. Bank of Columbus, N.A., 499 S.E.2d 393 (Ga. Ct. App. 1998). · cites it 2× “9 OCGA § 11-3-411 (1). 10 OCGA § 11-3-409 (1).”
Burrowes v. Bank of Am., N.A., 797 S.E.2d 493 (Ga. Ct. App. 2017). · cites it 14× “Burrowes’s claim against the Bank is based on OCGA § 11-3-411, which provides in relevant part: (b) If [an] obligated bank[ 2 ] wrongfully (i) refuses to pay a cashier’s check or certified check .”
Celio O. Burrowes v. Bank of Am., N. A. (Ga. Ct. App. 2017). · cites it 12× “Burrowes’s claim against the Bank is based on OCGA § 11-3-411, which provides in relevant part: 4 (b) If [an] obligated bank[2] wrongfully (i) refuses to pay a cashier’s check or certified check .”
— 11-3-411(1) — 1 case
Fernandez v. Bank of Dahlonega, 459 S.E.2d 424 (Ga. Ct. App. 1995). “See OCGA § 11-3-411 (1); Harris v. Hill, 129 Ga.”
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.