2021 Oregon Revised Statutes
Chapter 074 - Bank Deposits and Collections
Section 74.4030 - Customer’s right to stop payment; duration of stop payment order; burden of proof of loss.

(2) A stop payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop payment order is effective.
(3) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop payment order may include damages for dishonor of subsequent items under ORS 74.4020. [1961 c.726 §74.4030; 1993 c.545 §106]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 02 - Business Organizations, Commercial Code

Chapter 074 - Bank Deposits and Collections

Section 74.1020 - Applicability.

Section 74.1030 - Variation by agreement; measure of damages; action constituting ordinary care.

Section 74.1040 - Definitions and index of definitions.

Section 74.1050 - "Bank"; "depositary bank"; "intermediary bank"; "collecting bank"; "payor bank"; "presenting bank."

Section 74.1060 - Payable through or payable at bank; collecting bank.

Section 74.1080 - Time of receipt of items.

Section 74.1090 - Waiver of time limits; when delay excused.

Section 74.1120 - Electronic presentment.

Section 74.2010 - Status of collecting bank as agent and provisional status of credits; applicability of chapter; item indorsed "pay any bank."

Section 74.2020 - Responsibility for collection; when action timely.

Section 74.2040 - Methods of sending and presenting; presentment.

Section 74.2050 - Depositary bank as holder of unindorsed item.

Section 74.2070 - Warranties of customer and collecting bank on transfer of item; dishonor of item; remedies; when claim accrues.

Section 74.2080 - Presentment warranties; remedies; defenses; payment of dishonored draft; warranty disclaimer not applicable to checks; when warranty claim accrues.

Section 74.2090 - Encoding and retention warranties; remedies.

Section 74.2100 - Security interest of collecting bank in items; priority.

Section 74.2120 - Presentment by notice of item not payable by, through or at bank; liability of drawer or indorser.

Section 74.2130 - Medium and time of settlement by bank.

Section 74.2140 - Right of charge-back or refund; liability of collecting bank; return of item.

Section 74.2150 - Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

Section 74.2160 - Insolvency and preference.

Section 74.3010 - Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

Section 74.3020 - Payor bank’s responsibility for late return of item; defenses to liability of payor bank.

Section 74.3030 - When items subject to notice, stop payment order, legal process or setoff; order in which items may be charged or certified; cutoff hour for checks.

Section 74.4010 - When bank may charge customer’s account.

Section 74.4020 - Bank’s liability to customer for wrongful dishonor; time of determining insufficiency of account.

Section 74.4030 - Customer’s right to stop payment; duration of stop payment order; burden of proof of loss.

Section 74.4050 - Death or incompetence of customer.

Section 74.4060 - Statements to customer; requirements; retaining copies of items; duty of customer to determine unauthorized payment; allocation of loss.

Section 74.4070 - Payor bank’s right to subrogation on improper payment.

Section 74.5030 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

Section 74.5040 - Privilege of presenting bank to deal with goods; security interest for expenses.