CHAPTER 3. Enforcement of Instruments
Chapter 3 added by Stats. 1992, Ch. 914, Sec. 6.
§§ 3301–3312 · 12 sections
- § 3301 “Person entitled to enforce” an instrument means (a) the holder of the instrument, (b) a nonholder in possession of the instrument who has the rights of a…
- § 3302 (a) Subject to subdivision (c) and subdivision (d) of Section 3106, “holder in due course” means the holder of an instrument if both of the following apply:…
- § 3303 (a) An instrument is issued or transferred for value if any of the following apply: (1) The instrument is issued or transferred for a promise of performance,…
- § 3304 (a) An instrument payable on demand becomes overdue at the earliest of the following times: (1) On the day after the day demand for payment is duly made. (2)…
- § 3305 (a) Except as stated in subdivision (b), the right to enforce the obligation of a party to pay an instrument is subject to all of the following: (1) A defense…
- § 3306 A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the…
- § 3307 (a) In this section: (1) “Fiduciary” means an agent, trustee, partner, corporate officer or director, limited liability company manager, or other…
- § 3308 (a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically…
- § 3309 (a) A person not in possession of an instrument is entitled to enforce the instrument if (1) the person was in possession of the instrument and entitled to…
- § 3310 (a) Unless otherwise agreed, if a certified check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same…
- § 3311 (a) If a person against whom a claim is asserted proves that (1) that person in good faith tendered an instrument to the claimant as full satisfaction of the…
- § 3312 (a) In this section: (1) “Check” means a cashier’s check, teller’s check, or certified check. (2) “Claimant” means a person who claims the right to receive the…