(a) The obligation of an indorser stated in section 3-415(a) and the obligation of a drawer stated in section 3-414(d) may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under section 3-504(b).
(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c) Subject to section 3-504(c), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument or (ii) by any other person within thirty days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within thirty days following the day on which dishonor occurs.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 3. Negotiable Instruments
§46-3-104. Negotiable Instrument
§46-3-105. Issue of Instrument
§46-3-106. Unconditional Promise or Order
§46-3-107. Instrument Payable in Foreign Money
§46-3-108. Payable on Demand or at Definite Time
§46-3-109. Payable to Bearer or to Order
§46-3-110. Identification of Person to Whom Instrument Is Payable
§46-3-114. Contradictory Terms of Instrument
§46-3-115. Incomplete Instrument
§46-3-116. Joint and Several Liability; Contribution
§46-3-117. Other Agreements Affecting Instrument
§46-3-118. Statute of Limitations
§46-3-119. Notice of Right to Defend Action
§46-3-202. Negotiation Subject to Rescission
§46-3-203. Transfer of Instrument; Rights Acquired by Transfer
§46-3-205. Special Indorsement; Blank Indorsement; Anomalous Indorsement
§46-3-206. Restrictive Indorsement
§46-3-301. Person Entitled to Enforce Instrument
§46-3-302. Holder in Due Course
§46-3-303. Value and Consideration
§46-3-305. Defenses and Claims in Recoupment
§46-3-306. Claims to an Instrument
§46-3-307. Notice of Breach of Fiduciary Duty
§46-3-308. Proof of Signatures and Status as Holder in Due Course
§46-3-309. Enforcement of Lost, Destroyed, or Stolen Instrument
§46-3-310. Effect of Instrument on Obligation for Which Taken
§46-3-311. Accord and Satisfaction by Use of Instrument
§46-3-312. Lost, Destroyed, or Stolen Cashier's Check, Teller's Check or Certified Check
§46-3-402. Signature by Representative
§46-3-403. Unauthorized Signature
§46-3-404. Impostors; Fictitious Payees
§46-3-405. Employer's Responsibility for Fraudulent Indorsement by Employee
§46-3-406. Negligence Contributing to Forged Signature or Alteration of Instrument
§46-3-408. Drawee Not Liable on Unaccepted Draft
§46-3-409. Acceptance of Draft; Certified Check
§46-3-410. Acceptance Varying Draft
§46-3-411. Refusal to Pay Cashier's Checks, Teller's Checks and Certified Checks
§46-3-412. Obligation of Issuer of Note or Cashier's Check
§46-3-413. Obligation of Acceptor
§46-3-414. Obligation of Drawer
§46-3-415. Obligation of Indorser
§46-3-416. Transfer Warranties
§46-3-417. Presentment Warranties
§46-3-418. Payment of Acceptance by Mistake
§46-3-419. Instruments Signed for Accommodation
§46-3-420. Conversion of Instrument
§46-3-504. Excused Presentment and Notice of Dishonor
§46-3-505. Evidence of Dishonor
§46-3-601. Discharge and Effect of Discharge