Section 5004 · Substitute check warranties

Amended 1 time on record

Applied in 1 court decisions — leading case 286 F. Supp. 3d 934 - Speedy Check Cashers, Inc. v. U.S. Postal Serv. (2017)

Most recently applied in 286 F. Supp. 3d 934 - Speedy Check Cashers, Inc. v. U.S. Postal Serv. (December 2017)

A bank that transfers, presents, or returns a substitute check and receives consideration for the check warrants, as a matter of law, to the transferee, any subsequent collecting or returning bank, the depositary bank, the drawee, the drawer, the payee, the depositor, and any endorser (regardless of whether the warrantee receives the substitute check or another paper or electronic form of the substitute check or original check) that—

(1) the substitute check meets all the requirements for legal equivalence under section 5003(b) of this title; and

(2) no depositary bank, drawee, drawer, or endorser will receive presentment or return of the substitute check, the original check, or a copy or other paper or electronic version of the substitute check or original check such that the bank, drawee, drawer, or endorser will be asked to make a payment based on a check that the bank, drawee, drawer, or endorser has already paid.