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. — 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 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 (Ga. Ct. App. 2023).

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Aaron Pierce v. Kyndyl Yvette Banks (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 (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.”

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