West Virginia Code § 46-3-411

Refusal to pay cashier's checks, teller's checks and certified checks
Open in Lexace · Ask the AI about this section
(a) In this section, "obligated bank" means the acceptor of a certified check or the issuer of a
cashier's check or teller's check bought from the issuer.
(b) If the obligation bank wrongfully (i) refuses to pay a cashier's check or certified check,
(ii) stops payment of a teller's check or (iii) refuses to pay a dishonored teller's check, the
person asserting the right to enforce the check is entitled to compensation for expenses and
loss of interest resulting from the nonpayment and may recover consequential damages if
the obligated bank refuses to pay after receiving notice of particular circumstances giving
rise to the damages. u
(c) Expenses or consequential damages under subsection (b) are not recoverable if the
refusal of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the
obligated bank asserts a claim or defense of the bank that it has reasonable grounds to
believe is available against the person entitled to enforce the instrument, (iii) the obligated
bank has a reasonable doubt whether the person dlemanding payment is the person entitled
to enforce the instrument or (iv) payment is psrohibited by law.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.