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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 3. · Article 3. NEGOTIABLE INSTRUMENTS · Part 5. DISHONOR

11-3-505. Evidence of dishonor.

Active

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

  1. (a)

    The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:#

    1. (1)

      A document regular in form as provided in subsection (b) of this Code section which purports to be a protest;#

    2. (2)

      A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; and#

    3. (3)

      A book or record of the drawee, payor bank, or collecting bank kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.#

  2. (b)

    A protest is a certificate of dishonor made by a United States consul or vice consul or by a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.#

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, § 11-3-505, enacted by Ga. L. 1996, p. 1306, § 3.

Cross references

Requirements where wages paid by written instrument and effect of protest or dishonor, § 34-7-3.

Law reviews

For note, “The Law of Evidence in the Uniform Commercial Code,” see 1 Ga. L. Rev. 44 (1966). For article surveying cases dealing with law of evidence from June 1977 through May 1978, see 30 Mercer L. Rev. 91 (1978).

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 466 to 467; merge action: carried; file SHA-256 ad397fccbf21.