For the purposes of construction of this section, a payee or holder does not have knowledge, express notification, or reason to believe that the maker or drawer has insufficient funds to ensure payment of a check, draft, or debit card solely because the maker or drawer has previously drawn or issued a worthless check, draft, or debit card order to the payee or Introduction - Special Notice Money Orders - Postdated Checks - Restrictive Legends Stale Dated Checks - Ownership Disputes - Stop Payment Orders Over Drafts - Dead or Incompetent Customer - Breach Of Fiduciary Duty If a customer reports that one of the above types of instruments (hereinafter referred to collectively as cashier's check) is lost, stolen, or destroyed, and the check was issued in a state which has adopted revised Section 3-312 of the UCC, there is a procedure to be followed to make a claim.
All of these documents together are a contract between you and us.
No fiduciary, quasi–fiduciary or other special relationship exists between you and us.
The purpose of this section is to remedy the evil of giving checks, drafts, bills of exchange, debit card orders, and other orders on banks without first providing funds in or credit with the depositories on which the same are made or drawn to pay and satisfy the same, which tends to create the circulation of worthless checks, drafts, bills of exchange, debit card orders, and other orders on banks, bad banking, check kiting, and a mischief to trade and commerce.
Again, we need to stress that it is whichever is LATER.
The claim only becomes effective if the item is not presented for payment and paid in the meantime.