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HomeCivil CodeDiv. 4Pt. 6Ch. 3§ 8128 Stop Payment Notice Release

§ 8128 Stop Payment Notice Release

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8128 Stop Payment Notice Release

Key Takeaways

  • •You can lower or cancel a stop payment notice by writing it down.
  • •If you lower it, you must say how much is being reduced and how much is left to hold.
  • •Lowering or canceling the notice means you can't ask for that money anymore.
  • •You can still send a new stop payment notice later if needed.

Example

You told your bank to stop paying a check for $100, but then you change your mind.

You can write a note saying you want to cancel the stop payment. Now the bank can pay the $100, and you can't ask for that money back.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8128 Stop Payment Notice Release

(a) A claimant may reduce the amount of, or release in its entirety, a stop payment notice. The reduction or release shall be in writing and may be given in a form other than a waiver and release form provided in this article. (b) The writing shall identify whether it is a reduction of the amount of the stop payment notice, or a release of the notice in its entirety. If the writing is a reduction, it shall state the amount of the reduction, and the amount to remain withheld after the reduction. (c) A claimant’s reduction or release of a stop payment notice has the following effect: (1) The reduction or release releases the claimant’s right to enforce payment of the claim stated in the notice to the extent of the reduction or release. (2) The reduction or release releases the person given the notice from the obligation to withhold funds pursuant to the notice to the extent of the reduction or release. (3) The reduction or release does not preclude the claimant from giving a subsequent stop payment notice that is timely and proper. (4) The reduction or release does not release any right of the claimant other than the right to enforce payment of the claim stated in the stop payment notice to the extent of the reduction or release. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

stop payment noticereductionreleaseclaimantwithhold funds

Related Statutes

  • § 56.21 Employer Medical Information Authorization
  • § 8124 Lien Waiver Release Requirements
  • § 8126 Lien Waiver Void Without Payment
  • § 8134 Progress Payment Waiver Rules
  • § 8136 Final Payment Waiver Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8128.
View Official Source