Consumer Protection Law
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Answered in 7 minutes by:
3/31/2016
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8,614
Experience: 20 years of proefessional experience
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Answer will follow in the pane below as per above parameters….
A cashier’s check is viewed as the equivalent of cash since the bank’s credit is substituted for that of the remitter. Thus, a bank normally may not refuse to pay its own cashier’s check. If it does so, it may be liable to the holder for expenses, loss of interest and consequential damages.
There are some limited circumstances under which a bank may refuse to pay a cashier’s check. For instance, a bank may refuse to pay its cashier’s check without incurring liability when it has reasonable doubt that the person demanding payment has the authority to do so. It appears that this exception does not apply in your case.
The UCC states that if a bank wrongfully refuses to pay its cashier’s check, the person who is entitled to receive payment on the item may recover from the bank his or her expenses resulting from the nonpayment, which could include attorneys’ fees and loss of interest (Revised UCC § 3-411).
The UCC states also that a bank will not be liable for expenses and consequential damages when it refuses to pay a cashier’s check if the bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument (Revised UCC § 3-411(3)(c)).
MORE TO COME....
The closest case that I found that was a CA case and free to access is this one.
The key language in the case is as follows:
"The payee of the check normally receives the payment by a credit to the payee's account in the depositary bank. But in some cases the payee of the check may have received payment directly from the drawee bank by presenting the check for payment over the counter. In those cases the payee is entitled to receive cash, but the payee may prefer another form of payment such as a cashier's check or teller's check issued by the drawee bank.” (UCC com. 2, supra, § 3418, p. 85.) Giving an example of “Buyer” who pays for goods to be delivered by “Seller” with a personal check and then stops payment on the check, the comment states that if Seller presents the check to Buyer's Bank for payment over the counter and requests a cashier's check as payment, “․ Buyer's check was paid by Bank at the time it delivered its cashier's check to Seller. [Citation.] Bank is obliged to pay the cashier's check and has no defense to that obligation. The cashier's check was issued for consideration because it was issued in payment of Buyer's check.”
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8,614
Experience: 20 years of proefessional experience
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