North Carolina General Statutes
Article 4 - Bank Deposits and Collections.
§ 25-4-403 - Customer's right to stop payment; burden of proof of loss.

25-4-403. Customer's right to stop payment; burden of proof of loss.
(a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in G.S. 25-4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.
(b) 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.
(c) 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 G.S. 25-4-402. (1929, c. 341, s. 1; 1965, c. 700, s. 1; 1995, c. 232, s. 2.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 25 - Uniform Commercial Code

Article 4 - Bank Deposits and Collections.

§ 25-4-101 - Short title.

§ 25-4-102 - Applicability.

§ 25-4-103 - Variation by agreement; measure of damages; action constituting ordinary care.

§ 25-4-104 - Definitions and index of definitions.

§ 25-4-105 - "Bank"; "depositary bank"; "intermediary bank"; "collecting bank"; "payor bank"; "presenting bank".

§ 25-4-105.1 - Payable through or payable at bank; collecting bank.

§ 25-4-106 - Separate office of a bank.

§ 25-4-107 - Time of receipt of items.

§ 25-4-108 - Delays.

§ 25-4-110 - Electronic presentment.

§ 25-4-111 - Statute of limitations.

§ 25-4-201 - Status of collecting bank as agent and provisional status of credits; applicability of Article; item indorsed "pay any bank".

§ 25-4-202 - Responsibility for collection or return; when action timely.

§ 25-4-203 - Effect of instructions.

§ 25-4-204 - Methods of sending and presenting; sending directly to payor.

§ 25-4-205 - Depositary bank holder of unindorsed item.

§ 25-4-206 - Transfer between banks.

§ 25-4-207 - Transfer warranties.

§ 25-4-207.1 - Presentment warranties.

§ 25-4-207.2 - Encoding and retention warranties.

§ 25-4-208 - Security interest of collecting bank in items, accompanying documents and proceeds.

§ 25-4-209 - When bank gives value for purposes of holder in due course.

§ 25-4-210 - Presentment by notice of item not payable by, through, or at a bank; liability of drawer or indorser.

§ 25-4-211 - Medium and time of settlement by bank.

§ 25-4-212 - Right of charge-back or refund; liability of collecting bank; return of item.

§ 25-4-213 - Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

§ 25-4-214 - Insolvency and preference.

§ 25-4-301 - Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

§ 25-4-302 - Payor bank's responsibility for late return of item.

§ 25-4-303 - When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.

§ 25-4-401 - When bank may charge customer's account.

§ 25-4-402 - Bank's liability to customer for wrongful dishonor; time of determining insufficiency of account.

§ 25-4-403 - Customer's right to stop payment; burden of proof of loss.

§ 25-4-404 - Bank not obligated to pay check more than six months old.

§ 25-4-405 - Death or incompetence of customer.

§ 25-4-406 - Customer's duty to discover and report unauthorized signature or alteration.

§ 25-4-407 - Payor bank's right to subrogation on improper payment.

§ 25-4-501 - Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

§ 25-4-502 - Presentment of "on arrival" drafts.

§ 25-4-503 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

§ 25-4-504 - Privilege of presenting bank to deal with goods; security interest for expenses.