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

O.C.G.A. § 11-4-404 (2019)

Bank not obliged to pay check more than six months old

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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 bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer’s account for a payment made thereafter in good faith.

History

Code 1933, § 109A-4-404, enacted by

Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 13.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 11 Am. Jur. 2d, Banks and Financial Institutions, § 899. C.J.S. 9 C.J.S., Banks and Banking, § 328 et seq.

U.L.A. Uniform Commercial Code (U.L.A.) § 4404. ALR. Discharge of endorser by delay in presenting check, 11 A.L.R. 1028.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2024 · leading case: Aaron Pierce v. Kyndyl Yvette Banks, 890 S.E.2d 402 (Ga. Ct. App. 2023).
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Aaron Pierce v. Kyndyl Yvette Banks, 890 S.E.2d 402 (Ga. Ct. App. 2023). · cites it 10× “” In the order, the trial court also explained that the expiration notation on the check did not constitute a variance from the offer because, the trial court concluded, OCGA § 11-4-404 does not require a bank to pay on a check that is presented more than six months after its…”
Charles Wayne Patrick v. Megan Kingston, 898 S.E.2d 560 (Ga. Ct. App. 2024). · cites it 6× “” In contrast, as the trial court concluded in its order granting the motion to enforce settlement, Kingston claims this variance is immaterial and that all financial institutions, under OCGA § 11-4-404, impose such restrictions on the amount of time checks are negotiable.”
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.