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HomeCommercial CodeDiv. 3Ch. 5§ 3504 Presentment And Notice Excused

§ 3504 Presentment And Notice Excused

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

§ 3504 Presentment And Notice Excused

Key Takeaways

  • •You don’t have to show a check or payment to get paid if the person who wrote it says they won’t pay, is dead, or is broke.
  • •You don’t have to tell someone their payment bounced if they already said they don’t need to be told.
  • •If something out of your control stops you from telling someone their payment bounced, you can tell them later when you can.

Example

You get a check from your friend for $50, but when you try to cash it, the bank says there’s no money in their account.

You don’t have to tell your friend their check bounced if they already told you they wouldn’t pay you back. But if you were stuck in the hospital and couldn’t tell them right away, you can tell them later when you’re better.

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

Official Source
View on CA.gov

§ 3504 Presentment And Notice Excused

(a) Presentment for payment or acceptance of an instrument is excused if (1) the person entitled to present the instrument cannot with reasonable diligence make presentment, (2) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, (3) by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer, (4) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or (5) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft. (b) Notice of dishonor is excused if (1) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (2) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor. (c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

obligationinstrumentpresentmentacceptancediligencewaiverinsolvencyinability

Related Statutes

  • § 3503 Notice Of Dishonor Requirements
  • § 10508 Lessor Default Remedies
  • § 10511 Lessee Disposal Of Rejected Goods
  • § 10516 Lessee Rent And Acceptance
  • § 10523 Lessee Default Remedies

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3504.
View Official Source