Tennessee Code Annotated
Tenn. Code Ann. § 47-3-504 (2026)
Excused presentment and notice of dishonor
✓ current as of May 2026
- (a) Presentment for payment or acceptance of an instrument is excused if:
- (i) the person entitled to present the instrument cannot with reasonable diligence make presentment;
- (ii) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings;
- (iii) by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer;
- (iv) the drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or
- (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
- (b) Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
- (c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
Acts 1995, ch. 397, § 2.
Notes of Decisions
Cited in 6
cases, 1978–2014 · leading case: Com. Union Bank v. Davis, 581 S.W.2d 142 (Tenn. Ct. App. 1978).
Com. Union Bank v. Davis, 581 S.W.2d 142 (Tenn. Ct. App. 1978). “As comment 3 to section 47-3-504 states, “[t]he holder is entitled to expect that any one of the named *145 parties will pay or accept, and should not be required to go to the trouble and expense of making separate presentment to a number of them.”
Donaldson v. BAC Home Loans Servicing, L.P., 813 F. Supp. 2d 885 (M.D. Tenn. 2011). “However, § 47-3-504(a) states that presentment for payment of an instrument is excused if “by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer” or “the drawer or endorse whose obligation is being enforced has waived…”
EZ Cash 1, LLC v. Brigance (In Re Brigance), 234 B.R. 401 (W.D. Tenn. 1999). “If on August 23 the check’s new character as conditional payment precluded it from continuing to operate as security, EZ Cash lost,its status as a secured creditor on that date.”
First Horizons Home Loan Corp. d/b/a First Tennessee Home Loans (Tenn. Ct. App. 2010). “Section 47-3-504(a)(iv)(2001) provides that presentment is excused if “the drawer or endorser whose obligation is being enforced has waived presentment[.”
Mills v. First Horizon Home Loan Corp., 363 S.W.3d 551 (Tenn. Ct. App. 2011). “Section 47-3-504(a)(iv)(2001) provides that presentment is excused if "the drawer or endorser whose obligation is being enforced has waived presentment^]””
Aurora Loan Servs., LLC v. Yvette D. Woody (Tenn. Ct. App. 2014). “” Tenn. Code Ann. § 47-3-504 (a) (iii, iv).”
— Tenn. Code Ann. § 47-3-504(a) — 2 cases
Donaldson v. BAC Home Loans Servicing, L.P., 813 F. Supp. 2d 885 (M.D. Tenn. 2011). “However, § 47-3-504(a) states that presentment for payment of an instrument is excused if “by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer” or “the drawer or endorse whose obligation is being enforced has waived…”
EZ Cash 1, LLC v. Brigance (In Re Brigance), 234 B.R. 401 (W.D. Tenn. 1999). “If on August 23 the check’s new character as conditional payment precluded it from continuing to operate as security, EZ Cash lost,its status as a secured creditor on that date.”
— Tenn. Code Ann. § 47-3-504(a)(iv)(2001) — 2 cases
First Horizons Home Loan Corp. d/b/a First Tennessee Home Loans (Tenn. Ct. App. 2010). “Section 47-3-504(a)(iv)(2001) provides that presentment is excused if “the drawer or endorser whose obligation is being enforced has waived presentment[.”
Mills v. First Horizon Home Loan Corp., 363 S.W.3d 551 (Tenn. Ct. App. 2011). “Section 47-3-504(a)(iv)(2001) provides that presentment is excused if "the drawer or endorser whose obligation is being enforced has waived presentment^]””
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