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#20759 - 06/13/02 09:18 PM Altered check
JWILSON Offline
New Poster
Joined: Jun 2002
Posts: 1
What is the time factor of $amount altered on a check?
A check was deposited at our institution on 10/1/01 for $1,500. and returned with addifavit on 5/23/02 stating the original amount was $500. and had been altered.
Would this be a late return since their customer failed to examine and report within the 30 days (UCC 4-406)?
Or, would this be a "breach of warranty" under Section 4.208 and the time frame is 1 year?

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Operations Compliance
#20760 - 06/14/02 02:40 AM Re: Altered check
JacF Offline

Power Poster
Joined: Nov 2001
Posts: 6,719
PA
Try this for starters. Take note of section (c) giving the claimant 30 days to claim a breach of warranty.

3-416. TRANSFER WARRANTIES.
(a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:
(1) the warrantor is a person entitled to enforce the instrument;
(2) all signatures on the instrument are authentic and authorized;
(3) the instrument has not been altered;
(4) the instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and
(5) the warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.
(b) A person to whom the warranties under subsection (a) are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.
(c) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(d) A [cause of action] for breach of warranty under this section accrues when the claimant has reason to know of the breach.

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