{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-312.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-312.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-312.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-312.html"}],"law_id":82560,"edition_id":1,"section_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","history":"1992, c. 693.","full_text":"a\n\nIn this section:1\n\n“Check” means a cashier’s check, teller’s check, or certified check.2\n\n“Claimant” means a person who claims the right to receive the amount of a cashier’s check, teller’s check, or certified check that was lost, destroyed, or stolen.3\n\n“Declaration of loss” means a written statement, made under penalty of perjury, to the effect that (i) the declarer lost possession of a check, (ii) the declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier’s check or teller’s check, (iii) the loss of possession was not the result of a transfer by the declarer or a lawful seizure, and (iv) the declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.4\n\n“Obligated bank” means the issuer of a cashier’s check or teller’s check or the acceptor of a certified check.b\n\nA claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if (i) the claimant is the drawer or payee of a certified check or the remitter or payee of a cashier’s check or teller’s check, (ii) the communication contains or is accompanied by a declaration of loss of the claimant with respect to the check, (iii) the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid, and (iv) the claimant provides reasonable identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply:1\n\nThe claim becomes enforceable at the later of (i) the time the claim is asserted, or (ii) the ninetieth day following the date of the check, in the case of a cashier’s check or teller’s check, or the ninetieth day following the date of the acceptance, in the case of a certified check.2\n\nUntil the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller’s check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.3\n\nIf the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.4\n\nWhen the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to § 8.4-302 (a) (1), payment to the claimant discharges all liability of the obligated bank with respect to the check.c\n\nIf the obligated bank pays the amount of a check to a claimant under subsection (b) (4) and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to (i) refund the payment to the obligated bank if the check is paid, or (ii) pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.d\n\nIf a claimant has the right to assert a claim under subsection (b) and is also a person entitled to enforce a cashier’s check, teller’s check, or certified check which is lost, destroyed, or stolen, the claimant may assert rights with respect to the check either under this section or § 8.3A-309.","order_by":null,"text":{"0":{"id":295798,"text":"In this section:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":295799,"text":"“Check” means a cashier’s check, teller’s check, or certified check.","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":295800,"text":"“Claimant” means a person who claims the right to receive the amount of a cashier’s check, teller’s check, or certified check that was lost, destroyed, or stolen.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":295801,"text":"“Declaration of loss” means a written statement, made under penalty of perjury, to the effect that (i) the declarer lost possession of a check, (ii) the declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier’s check or teller’s check, (iii) the loss of possession was not the result of a transfer by the declarer or a lawful seizure, and (iv) the declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":295802,"text":"“Obligated bank” means the issuer of a cashier’s check or teller’s check or the acceptor of a certified check.","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"b"},"5":{"id":295803,"text":"A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if (i) the claimant is the drawer or payee of a certified check or the remitter or payee of a cashier’s check or teller’s check, (ii) the communication contains or is accompanied by a declaration of loss of the claimant with respect to the check, (iii) the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid, and (iv) the claimant provides reasonable identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a4","next_prefix":"b1"},"6":{"id":295804,"text":"The claim becomes enforceable at the later of (i) the time the claim is asserted, or (ii) the ninetieth day following the date of the check, in the case of a cashier’s check or teller’s check, or the ninetieth day following the date of the acceptance, in the case of a certified check.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"7":{"id":295805,"text":"Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller’s check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"8":{"id":295806,"text":"If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"b4"},"9":{"id":295807,"text":"When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to § 8.4-302 (a) (1), payment to the claimant discharges all liability of the obligated bank with respect to the check.","type":"section","prefixes":["b","4"],"prefix":"4","entire_prefix":"b4","prefix_anchor":"b4","level":2,"prior_prefix":"b3","next_prefix":"c"},"10":{"id":295808,"text":"If the obligated bank pays the amount of a check to a claimant under subsection (b) (4) and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to (i) refund the payment to the obligated bank if the check is paid, or (ii) pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b4","next_prefix":"d"},"11":{"id":295809,"text":"If a claimant has the right to assert a claim under subsection (b) and is also a person entitled to enforce a cashier’s check, teller’s check, or certified check which is lost, destroyed, or stolen, the claimant may assert rights with respect to the check either under this section or § 8.3A-309.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-312\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 693 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":57632,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","order_by":null,"url":"\/8.3A-309\/"},{"id":55309,"section_number":"8.4-302","catch_line":"Payor bank's responsibility for late return of item","order_by":null,"url":"\/8.4-302\/"}],"permalink":{"id":282865,"object_type":"law","relational_id":82560,"identifier":"8.3A-312","token":"8.3A\/3\/8.3A-312","url":"\/8.3A-312\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-312\/","token":"8.3A\/3\/8.3A-312","dublin_core":{"Title":"Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-312","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> In this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> “Check<\/span>” means a cashier’s check<\/span>, teller’s check<\/span>, or certified check<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Claimant<\/span>” means a person who claims the right to receive the amount of a cashier’s check<\/span>, teller’s check<\/span>, or certified check<\/span> that was lost, destroyed, or stolen. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> “Declaration of loss<\/span>” means a written statement, made under penalty<\/span> of perjury<\/span>, to the effect that (i) the declarer lost possession<\/span> of a check<\/span>, (ii) the declarer is the drawer or payee of the check<\/span>, in the case of a certified check<\/span>, or the remitter or payee of the check<\/span>, in the case of a cashier’s check<\/span> or teller’s check<\/span>, (iii) the loss of possession<\/span> was not the result of a transfer by the declarer or a lawful seizure, and (iv) the declarer cannot reasonably obtain possession<\/span> of the check<\/span> because the check<\/span> was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession<\/span> of an unknown person or a person that cannot be found or is not amenable to service of process<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> “Obligated bank<\/span>” means the issuer of a cashier’s check<\/span> or teller’s check<\/span> or the acceptor of a certified check<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A claimant<\/span> may assert a claim to the amount of a check<\/span> by a communication to the obligated bank<\/span> describing the check<\/span> with reasonable certainty and requesting payment of the amount of the check<\/span>, if (i) the claimant<\/span> is the drawer or payee of a certified check<\/span> or the remitter or payee of a cashier’s check<\/span> or teller’s check<\/span>, (ii) the communication contains or is accompanied by a declaration of loss<\/span> of the claimant<\/span> with respect to the check<\/span>, (iii) the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check<\/span> is paid, and (iv) the claimant<\/span> provides reasonable identification if requested by the obligated bank<\/span>. Delivery of a declaration of loss<\/span> is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The claim becomes enforceable at the later of (i) the time the claim is asserted, or (ii) the ninetieth day following the date of the check<\/span>, in the case of a cashier’s check<\/span> or teller’s check<\/span>, or the ninetieth day following the date of the acceptance, in the case of a certified check<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Until the claim becomes enforceable, it has no legal effect and the obligated bank<\/span> may pay the check<\/span> or, in the case of a teller’s check<\/span>, may permit the drawee to pay the check<\/span>. Payment to a person entitled to enforce the check<\/span> discharges all liability of the obligated bank<\/span> with respect to the check<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the claim becomes enforceable before the check<\/span> is presented for payment, the obligated bank<\/span> is not obliged to pay the check<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> When the claim becomes enforceable, the obligated bank<\/span> becomes obliged to pay the amount of the check<\/span> to the claimant<\/span> if payment of the check<\/span> has not been made to a person entitled to enforce the check<\/span>. Subject to § 8.4-302<\/a> (a) (1), payment to the claimant<\/span> discharges all liability of the obligated bank<\/span> with respect to the check<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> If the obligated bank<\/span> pays the amount of a check<\/span> to a claimant<\/span> under subsection (b) (4) and the check<\/span> is presented for payment by a person having rights of a holder in due course, the claimant<\/span> is obliged to (i) refund the payment to the obligated bank<\/span> if the check<\/span> is paid, or (ii) pay the amount of the check<\/span> to the person having rights of a holder in due course if the check<\/span> is dishonored. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> If a claimant<\/span> has the right to assert a claim under subsection (b) and is also a person entitled to enforce a cashier’s check<\/span>, teller’s check<\/span>, or certified check<\/span> which is lost, destroyed, or stolen, the claimant<\/span> may assert rights with respect to the check<\/span> either under this section or § 8.3A-309<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOST, DESTROYED, OR STOLEN CASHIER’S CHECK, TELLER’S CHECK, OR\nCERTIFIED CHECK (\u00a7 8.3A-312)\n\na. In this section:\n\n 1. “Check” means a cashier’s check, teller’s check, or\n certified check.\n\n 2. “Claimant” means a person who claims the right to receive the\n amount of a cashier’s check, teller’s check, or certified check\n that was lost, destroyed, or stolen.\n\n 3. “Declaration of loss” means a written statement, made under\n penalty of perjury, to the effect that (i) the declarer lost possession of a\n check, (ii) the declarer is the drawer or payee of the check, in the case of a\n certified check, or the remitter or payee of the check, in the case of a\n cashier’s check or teller’s check, (iii) the loss of possession\n was not the result of a transfer by the declarer or a lawful seizure, and (iv)\n the declarer cannot reasonably obtain possession of the check because the\n check was destroyed, its whereabouts cannot be determined, or it is in the\n wrongful possession of an unknown person or a person that cannot be found or\n is not amenable to service of process.\n\n 4. “Obligated bank” means the issuer of a cashier’s check or\n teller’s check or the acceptor of a certified check.\n\nb. A claimant may assert a claim to the amount of a check by a communication to\nthe obligated bank describing the check with reasonable certainty and requesting\npayment of the amount of the check, if (i) the claimant is the drawer or payee\nof a certified check or the remitter or payee of a cashier’s check or\nteller’s check, (ii) the communication contains or is accompanied by a\ndeclaration of loss of the claimant with respect to the check, (iii) the\ncommunication is received at a time and in a manner affording the bank a\nreasonable time to act on it before the check is paid, and (iv) the claimant\nprovides reasonable identification if requested by the obligated bank. Delivery\nof a declaration of loss is a warranty of the truth of the statements made in\nthe declaration. If a claim is asserted in compliance with this subsection, the\nfollowing rules apply:\n\n 1. The claim becomes enforceable at the later of (i) the time the claim is\n asserted, or (ii) the ninetieth day following the date of the check, in the\n case of a cashier’s check or teller’s check, or the ninetieth day\n following the date of the acceptance, in the case of a certified check.\n\n 2. Until the claim becomes enforceable, it has no legal effect and the\n obligated bank may pay the check or, in the case of a teller’s check,\n may permit the drawee to pay the check. Payment to a person entitled to\n enforce the check discharges all liability of the obligated bank with respect\n to the check.\n\n 3. If the claim becomes enforceable before the check is presented for payment,\n the obligated bank is not obliged to pay the check.\n\n 4. When the claim becomes enforceable, the obligated bank becomes obliged to\n pay the amount of the check to the claimant if payment of the check has not\n been made to a person entitled to enforce the check. Subject to § 8.4-302\n (a) (1), payment to the claimant discharges all liability of the obligated\n bank with respect to the check.\n\nc. If the obligated bank pays the amount of a check to a claimant under\nsubsection (b) (4) and the check is presented for payment by a person having\nrights of a holder in due course, the claimant is obliged to (i) refund the\npayment to the obligated bank if the check is paid, or (ii) pay the amount of\nthe check to the person having rights of a holder in due course if the check is\ndishonored.\n\nd. If a claimant has the right to assert a claim under subsection (b) and is\nalso a person entitled to enforce a cashier’s check, teller’s check,\nor certified check which is lost, destroyed, or stolen, the claimant may assert\nrights with respect to the check either under this section or § 8.3A-309.\n\nHISTORY: 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}}