25-3-304. Overdue instrument.
(a) An instrument payable on demand becomes overdue at the earliest of the following times:
(1) On the day after the day demand for payment is duly made;
(2) If the instrument is a check, 90 days after its date; or
(3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.
(b) With respect to an instrument payable at a definite time the following rules apply:
(1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.
(2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.
(3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.
(c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal. (1899, c. 733, ss. 45, 52, 53, 55, 56; Rev., ss. 2194, 2201, 2202, 2204, 2205; C.S., ss. 3026, 3033, 3034, 3036, 3037; 1965, c. 700, s. 1; 1995, c. 232, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 3 - Negotiable Instruments.
§ 25-3-104 - Negotiable instrument.
§ 25-3-105 - Issue of instrument.
§ 25-3-106 - Unconditional promise or order.
§ 25-3-107 - Instrument payable in foreign money.
§ 25-3-108 - Payable on demand or at definite time.
§ 25-3-109 - Payable to bearer or to order.
§ 25-3-110 - Identification of person to whom instrument is payable.
§ 25-3-111 - Place of payment.
§ 25-3-113 - Date of instrument.
§ 25-3-114 - Contradictory terms of instrument.
§ 25-3-115 - Incomplete instrument.
§ 25-3-116 - Joint and several liability; contribution.
§ 25-3-117 - Other agreements affecting instrument.
§ 25-3-118 - Statute of limitations.
§ 25-3-119 - Notice of right to defend action.
§ 25-3-202 - Negotiation subject to rescission.
§ 25-3-203 - Transfer of instrument; rights acquired by transfer.
§ 25-3-205 - Special indorsement; blank indorsement; anomalous indorsement.
§ 25-3-206 - Restrictive indorsement.
§ 25-3-301 - Person entitled to enforce instrument.
§ 25-3-302 - Holder in due course.
§ 25-3-303 - Value and consideration.
§ 25-3-304 - Overdue instrument.
§ 25-3-305 - Defenses and claims in recoupment.
§ 25-3-306 - Claims to an instrument.
§ 25-3-307 - Notice of breach of fiduciary duty.
§ 25-3-308 - Proof of signatures and status as holder in due course.
§ 25-3-309 - Enforcement of lost, destroyed, or stolen instrument.
§ 25-3-310 - Effect of instrument on obligation for which taken.
§ 25-3-311 - Accord and satisfaction by use of instrument.
§ 25-3-312 - Lost, destroyed, or stolen cashier's check, teller's check, or certified check.
§ 25-3-402 - Signature by representative.
§ 25-3-403 - Unauthorized signature.
§ 25-3-404 - Impostors; fictitious payees.
§ 25-3-405 - Employer's responsibility for fraudulent indorsement by employee.
§ 25-3-406 - Negligence contributing to forged signature or alteration of instrument.
§ 25-3-408 - Drawee not liable on unaccepted draft.
§ 25-3-409 - Acceptance of draft; certified check.
§ 25-3-410 - Acceptance varying draft.
§ 25-3-411 - Refusal to pay cashier's checks, teller's checks, and certified checks.
§ 25-3-412 - Obligation of issuer of note or cashier's check.
§ 25-3-413 - Obligation of acceptor.
§ 25-3-414 - Obligation of drawer.
§ 25-3-415 - Obligation of indorser.
§ 25-3-416 - Transfer warranties.
§ 25-3-417 - Presentment warranties.
§ 25-3-418 - Payment or acceptance by mistake.
§ 25-3-419 - Instruments signed for accommodation.
§ 25-3-420 - Conversion of instrument.
§ 25-3-503 - Notice of dishonor.
§ 25-3-504 - Excused presentment and notice of dishonor.
§ 25-3-505 - Evidence of dishonor.
§ 25-3-506 - Collection of processing fee for returned checks.
§ 25-3-601 - Discharge and effect of discharge.
§ 25-3-603 - Tender of payment.
§ 25-3-604 - Discharge by cancellation or renunciation.
§ 25-3-605 - Discharge of indorsers and accommodation parties.