403.502 Dishonor.
(1) Dishonor of a note is governed by the following rules:
(a) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment.
(b) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day on which it becomes payable or the day of presentment, whichever is later.
(c) If the note is not payable on demand and par. (b) does not apply, the note is dishonored if it is not paid on the day on which it becomes payable.
(2) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:
(a) If a check is duly presented for payment to the payer bank otherwise than for immediate payment over the counter, the check is dishonored if the payer bank makes timely return of the check or sends timely notice of dishonor or nonpayment under s. 404.301 or 404.302, or becomes accountable for the amount of the check under s. 404.302.
(b) If a draft is payable on demand and par. (a) does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment.
(c) If a draft is payable on a date stated in the draft, the draft is dishonored if presentment for payment is duly made to the drawee and payment is not made on the day on which the draft becomes payable or the day of presentment, whichever is later, or if presentment for acceptance is duly made before the day on which the draft becomes payable and the draft is not accepted on the day of presentment.
(d) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment.
(3) Dishonor of an unaccepted documentary draft occurs according to the rules stated in sub. (2) (b) to (d), except that payment or acceptance may be delayed without dishonor until no later than the close of the 3rd business day of the drawee following the day on which payment or acceptance is required by those paragraphs.
(4) Dishonor of an accepted draft is governed by the following rules:
(a) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment.
(b) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day on which it becomes payable or the day of presentment, whichever is later.
(5) In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under s. 403.504, dishonor occurs without presentment if the instrument is not duly accepted or paid.
(6) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored.
History: 1995 a. 449.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 403 - Uniform commercial code — negotiable instruments.
403.104 - Negotiable instrument.
403.105 - Issue of instrument.
403.106 - Unconditional promise or order.
403.107 - Instrument payable in foreign money.
403.108 - Payable on demand or at definite time.
403.109 - Payable to bearer or to order.
403.110 - Identification of person to whom instrument is payable.
403.114 - Contradictory terms of instrument.
403.115 - Incomplete instrument.
403.116 - Joint and several liability; contribution.
403.117 - Other agreements affecting instrument.
403.118 - Statute of limitations.
403.119 - Notice of right to defend action.
403.202 - Negotiation subject to rescission.
403.203 - Transfer of instrument; rights acquired by transfer.
403.205 - Special endorsement; blank endorsement; anomalous endorsement.
403.206 - Restrictive endorsement.
403.301 - Person entitled to enforce instrument.
403.302 - Holder in due course.
403.303 - Value and consideration.
403.305 - Defenses and claims in recoupment.
403.306 - Claims to an instrument.
403.307 - Notice of breach of fiduciary duty.
403.308 - Proof of signatures and status as holder in due course.
403.309 - Enforcement of lost, destroyed or stolen instrument.
403.310 - Effect of instrument on obligation for which taken.
403.311 - Accord and satisfaction by use of instrument.
403.312 - Lost, destroyed or stolen cashier's check, teller's check or certified check.
403.402 - Signature by representative.
403.403 - Unauthorized signature.
403.404 - Impostors; fictitious payees.
403.405 - Employer's responsibility for fraudulent endorsement by employee.
403.406 - Negligence contributing to forged signature or alteration of instrument.
403.408 - Drawee not liable on unaccepted draft.
403.409 - Acceptance of draft; certified check.
403.410 - Acceptance varying draft.
403.411 - Refusal to pay cashier's checks, teller's checks and certified checks.
403.412 - Obligation of issuer of note or cashier's check.
403.413 - Obligation of acceptor.
403.414 - Obligation of drawer.
403.415 - Obligation of endorser.
403.416 - Transfer warranties.
403.417 - Presentment warranties.
403.418 - Payment or acceptance by mistake.
403.419 - Instruments signed for accommodation.
403.420 - Conversion of instrument.
403.504 - Excused presentment and notice of dishonor.
403.505 - Evidence of dishonor.
403.601 - Discharge and effect of discharge.