§46-4-301. Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.
(a) If a payor bank settles for a demand item (other than a documentary draft) presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline it:
(1) Returns the item; or
(2) Sends written notice of dishonor or nonpayment if the item is unavailable for return.
(b) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (a).
(c) Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.
(d) An item is returned:
(1) As to an item presented through a clearing-house, when it is delivered to the presenting or last collecting bank or to the clearing-house or is sent or delivered in accordance with clearing-house rules; or
(2) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 4. Bank Deposits and Collections
§46-4-103. Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care
§46-4–104. Definitions and Index of Definitions
§46-4-106. Payable Through or Payable at Bank; Collecting Bank
§46-4-107. Separate Office of a Bank
§46-4-108. Time of Receipt of Items
§46-4-110. Electronic Presentment
§46-4-111. Statute of Limitations
§46-4-202. Responsibility for Collection or Return; When Action Timely
§46-4-203. Effect of Instructions
§46-4-204. Methods of Sending and Presenting; Sending Directly to Payor Bank
§46-4-205. Depositary Bank Holder of Unindorsed Item
§46-4-206. Transfer Between Banks
§46-4-207. Transfer Warranties
§46-4-208. Presentment Warranties
§46-4-209. Encoding and Retention Warranties
§46-4-210. Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds
§46-4-211. When Bank Gives Value for Purposes of Holder in Due Course
§46-4-213. Medium and Time of Settlement by Bank
§46-4-214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item
§46-4-216. Insolvency and Preference
§46-4-302. Payor Bank's Responsibility for Late Return of Item
§46-4-401. When Bank May Charge Customer's Account
§46-4-403. Customer's Right to Stop Payment; Burden of Proof of Loss
§46-4-404. Bank Not Obligated to Pay Check More Than Six Months Old
§46-4-405. Death or Incompetence of Customer
§46-4-406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration
§46-4-407. Payor Bank's Right to Subrogation on Improper Payment
§46-4-502. Presentment of &Quot;on Arrival" Drafts
§46-4-504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses