{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-304.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-304.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-304.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-304.html"}],"law_id":54111,"edition_id":1,"section_id":54111,"structure_id":13055,"section_number":"8.3A-304","catch_line":"Overdue instrument","history":"Code 1950, \u00a7 6-408; 1964, c. 219, \u00a7 8.3-304; 1992, c. 693.","full_text":"a\n\nAn instrument payable on demand becomes overdue at the earliest of the following times:1\n\non the day after the day demand for payment is duly made;2\n\nif the instrument is a check, ninety days after its date; or3\n\nif the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.b\n\nWith respect to an instrument payable at a definite time the following rules apply:1\n\nIf the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.2\n\nIf the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.3\n\nIf a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.c\n\nUnless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.","order_by":null,"text":{"0":{"id":198587,"text":"An instrument payable on demand becomes overdue at the earliest of the following times:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":198588,"text":"on the day after the day demand for payment is duly made;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":198589,"text":"if the instrument is a check, ninety days after its date; or","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":198590,"text":"if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"b"},"4":{"id":198591,"text":"With respect to an instrument payable at a definite time the following rules apply:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a3","next_prefix":"b1"},"5":{"id":198592,"text":"If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"6":{"id":198593,"text":"If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"7":{"id":198594,"text":"If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"c"},"8":{"id":198595,"text":"Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b3"}},"ancestry":[{"id":13055,"edition_id":1,"name":"Enforcement of Instruments","identifier":"3","label":"part","depth":2,"order_by":1,"parent_id":13054,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282819,"object_type":"structure","relational_id":13055,"identifier":"3","token":"8.3A\/3","url":"\/8.3A\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13054,"edition_id":1,"name":"Commercial Code \u2014 Negotiable Instruments","identifier":"8.3A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282705,"object_type":"structure","relational_id":13054,"identifier":"8.3A","token":"8.3A","url":"\/8.3A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65014,"structure_id":13055,"section_number":"8.3A-301","catch_line":"Person entitled to enforce instrument","url":"\/8.3A-301\/","token":"8.3A\/3\/8.3A-301","metadata":false},{"id":57239,"structure_id":13055,"section_number":"8.3A-302","catch_line":"Holder in due course","url":"\/8.3A-302\/","token":"8.3A\/3\/8.3A-302","metadata":false},{"id":57109,"structure_id":13055,"section_number":"8.3A-303","catch_line":"Value and consideration","url":"\/8.3A-303\/","token":"8.3A\/3\/8.3A-303","metadata":false},{"id":54111,"structure_id":13055,"section_number":"8.3A-304","catch_line":"Overdue instrument","url":"\/8.3A-304\/","token":"8.3A\/3\/8.3A-304","metadata":false},{"id":65312,"structure_id":13055,"section_number":"8.3A-305","catch_line":"Defenses and claims in recoupment","url":"\/8.3A-305\/","token":"8.3A\/3\/8.3A-305","metadata":false},{"id":70356,"structure_id":13055,"section_number":"8.3A-306","catch_line":"Claims to an instrument","url":"\/8.3A-306\/","token":"8.3A\/3\/8.3A-306","metadata":false},{"id":57726,"structure_id":13055,"section_number":"8.3A-307","catch_line":"Notice of breach of fiduciary duty","url":"\/8.3A-307\/","token":"8.3A\/3\/8.3A-307","metadata":false},{"id":60258,"structure_id":13055,"section_number":"8.3A-308","catch_line":"Proof of signatures and status as holder in due course","url":"\/8.3A-308\/","token":"8.3A\/3\/8.3A-308","metadata":false},{"id":57632,"structure_id":13055,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","url":"\/8.3A-309\/","token":"8.3A\/3\/8.3A-309","metadata":false},{"id":82224,"structure_id":13055,"section_number":"8.3A-310","catch_line":"Effect of instrument on obligation for which taken","url":"\/8.3A-310\/","token":"8.3A\/3\/8.3A-310","metadata":false},{"id":83612,"structure_id":13055,"section_number":"8.3A-311","catch_line":"Accord and satisfaction by use of instrument","url":"\/8.3A-311\/","token":"8.3A\/3\/8.3A-311","metadata":false},{"id":82560,"structure_id":13055,"section_number":"8.3A-312","catch_line":"Lost, destroyed, or stolen cashier's check, teller's check, or certified check","url":"\/8.3A-312\/","token":"8.3A\/3\/8.3A-312","metadata":false}],"previous_section":{"id":57109,"structure_id":13055,"section_number":"8.3A-303","catch_line":"Value and consideration","url":"\/8.3A-303\/","token":"8.3A\/3\/8.3A-303","metadata":false},"next_section":{"id":65312,"structure_id":13055,"section_number":"8.3A-305","catch_line":"Defenses and claims in recoupment","url":"\/8.3A-305\/","token":"8.3A\/3\/8.3A-305","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-304\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 219; in 1992, chapter 693.<\/p>","references":false,"refers_to":false,"permalink":{"id":282833,"object_type":"law","relational_id":54111,"identifier":"8.3A-304","token":"8.3A\/3\/8.3A-304","url":"\/8.3A-304\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-304\/","token":"8.3A\/3\/8.3A-304","dublin_core":{"Title":"Overdue instrument","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-304","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> An instrument payable on demand becomes overdue at the earliest of the following times: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> on the day after the day demand for payment is duly made; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> if the instrument is a check, ninety days after its date; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> With respect to an instrument payable at a definite time the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default<\/span> under the instrument for nonpayment of an installment, and the instrument remains overdue until the default<\/span> is cured. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default<\/span> in payment of interest but no default<\/span> in payment of principal. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOVERDUE INSTRUMENT (\u00a7 8.3A-304)\n\na. An instrument payable on demand becomes overdue at the earliest of the\nfollowing times:\n\n 1. on the day after the day demand for payment is duly made;\n\n 2. if the instrument is a check, ninety days after its date; or\n\n 3. if the instrument is not a check, when the instrument has been outstanding\n for a period of time after its date which is unreasonably long under the\n circumstances of the particular case in light of the nature of the instrument\n and usage of the trade.\n\nb. With respect to an instrument payable at a definite time the following rules\napply:\n\n 1. If the principal is payable in installments and a due date has not been\n accelerated, the instrument becomes overdue upon default under the instrument\n for nonpayment of an installment, and the instrument remains overdue until the\n default is cured.\n\n 2. If the principal is not payable in installments and the due date has not\n been accelerated, the instrument becomes overdue on the day after the due\n date.\n\n 3. If a due date with respect to principal has been accelerated, the\n instrument becomes overdue on the day after the accelerated due date.\n\nc. Unless the due date of principal has been accelerated, an instrument does not\nbecome overdue if there is default in payment of interest but no default in\npayment of principal.\n\nHISTORY: Code 1950, \u00a7 6-408; 1964, c. 219, \u00a7 8.3-304; 1992, c. 693.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}