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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 3. · Article 3. NEGOTIABLE INSTRUMENTS · Part 3. ENFORCEMENT OF INSTRUMENTS

11-3-304. Overdue instrument.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    An instrument payable on demand becomes overdue at the earliest of the following times:#

    1. (1)

      On the day after the day demand for payment is duly made;#

    2. (2)

      If the instrument is a check, 90 days after its date; or#

    3. (3)

      If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.#

  2. (b)

    With respect to an instrument payable at a definite time the following rules apply:#

    1. (1)

      If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured;#

    2. (2)

      If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date; or#

    3. (3)

      If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.#

  3. (c)

    Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 11-3-304, enacted by Ga. L. 1996, p. 1306, § 3.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 396 to 397; merge action: carried; file SHA-256 ad397fccbf21.