§ 3411. Refusal to pay cashier's checks, teller's checks and
certified checks.
(a) Definition.--As used in this section, the term "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.
(b) Refusal to pay.--If the obligated bank wrongfully:
(1) refuses to pay a cashier's check or certified check;
(2) stops payment of a teller's check; or
(3) refuses to pay a dishonored teller's check; the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages not recoverable under certain circumstances.--Expenses or consequential damages under subsection (b) are not recoverable if the refusal of the obligated bank to pay occurs because:
(1) the bank suspends payments;
(2) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument;
(3) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or
(4) payment is prohibited by law.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 34 - Liability of Parties
Section 3402 - Signature by representative
Section 3403 - Unauthorized signature
Section 3404 - Impostors; fictitious payees
Section 3405 - Employer's responsibility for fraudulent indorsement by employee
Section 3406 - Negligence contributing to forged signature or alteration of instrument
Section 3408 - Drawee not liable on unaccepted draft
Section 3409 - Acceptance of draft; certified check
Section 3410 - Acceptance varying draft
Section 3411 - Refusal to pay cashier's checks, teller's checks and certified checks
Section 3412 - Obligation of issuer of note or cashier's check
Section 3413 - Obligation of acceptor
Section 3414 - Obligation of drawer
Section 3415 - Obligation of indorser
Section 3416 - Transfer warranties
Section 3417 - Presentment warranties
Section 3418 - Payment or acceptance by mistake