LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeCommercial CodeDiv. 3Ch. 4§ 3408 Check Not Funds Assignment

§ 3408 Check Not Funds Assignment

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

§ 3408 Check Not Funds Assignment

Key Takeaways

  • •Writing a check doesn't automatically take money from your account.
  • •The bank doesn't have to pay the check until they agree to it.
  • •The person who wrote the check is responsible until the bank says 'okay'.

Example

You write a check to your friend for $50 to buy their old bike.

Your friend can't take the money from your account just because you gave them the check. The bank has to say 'yes' first. Until then, it's just a piece of paper, and you still owe the money.

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

Official Source
View on CA.gov

§ 3408 Check Not Funds Assignment

A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

checkdraftassignment of fundsdraweeliableaccepts

Related Statutes

  • § 3418 Recovery For Mistaken Payment
  • § 3401 Instrument Signer Liability
  • § 3410 Draft Acceptance Terms
  • § 3412 Issuer Obligation To Pay
  • § 3413 Acceptor'S Payment Obligation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3408.
View Official Source