West Virginia Code § 46-3-504

Excused presentment and notice of dishonor
Open in Lexace · Ask the AI about this section
(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 indorsers or the drawer, (iv) the drawer or indorseer 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 drawrer 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 insttrument 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 excusesd 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.

‹ 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.