Okla. Stat. tit. 12A, § 12A-3-312

Check, or Certified Check.

LOST, DESTROYED, OR STOLEN CASHIER'S CHECK,

TELLER'S CHECK, OR CERTIFIED CHECK

(a) In this section:

(1) "Check" means a cashier's check, teller's check, or

certified check;

(2) "Claimant" means a person who claims the right to

receive the amount of a cashier's check, teller's

check, or certified check that was lost, destroyed, or

stolen;

(3) "Declaration of loss" means a statement, made in a

record under penalty of perjury, to the effect that

(i) the declarer lost possession of a check, (ii) the

declarer is the drawer or payee of the check, in the

case of a certified check, or the remitter or payee of

the check, in the case of a cashier's or teller's

check, (iii) the loss of possession was not the result

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of a transfer by the declarer or a lawful seizure, and

(iv) the declarer cannot reasonably obtain possession

of the check because the check was destroyed, its

whereabouts cannot be determined, or it is in the

wrongful possession of an unknown person or a person

that cannot be found or is not amenable to service of

process; and

(4) "Obligated bank" means the issuer of a cashier's check

or a teller's check or the acceptor of a certified

check.

(b) A claimant may assert a claim to the amount of a check by a

communication to the obligated bank describing the check with

reasonable certainty and requesting payment of the amount of the

check, if (i) the claimant is the drawer or payee of a certified

check or the remitter or payee of a cashier's check or teller's

check, (ii) the communication contains or is accompanied by a

declaration of loss of the claimant with respect to the check, (iii)

the communication is received at a time and in a manner affording

the bank reasonable time to act on it before the check is paid, and

(iv) the claimant provides reasonable identification if requested by

the obligated bank. Delivery of a declaration of loss is a warranty

of the truth of the statements made in the declaration. If a claim

is asserted in compliance with this subsection, the following rules

apply:

(1) The claim becomes enforceable at the later of (i) the

time the claim is asserted, or (ii) the ninetieth

(90th) day following the date of the check, in the

case of a cashier's check or teller's check, or the

ninetieth (90th) day following the date of the

acceptance, in the case of a certified check;

(2) Until the claim becomes enforceable, it has no legal

effect and the obligated bank may pay the check or, in

the case of a teller's check, may permit the drawee to

pay the check. Payment to a person entitled to

enforce the check discharges all liability of the

obligated bank with respect to the check;

(3) If the claim becomes enforceable before the check is

presented for payment, the obligated bank is not

obliged to pay the check; and

(4) When the claim becomes enforceable, the obligated bank

becomes obliged to pay the amount of the check to the

claimant if payment of the check has not been made to

a person entitled to enforce the check. Subject to

paragraph (1) of subsection (a) of Section 4-302 of

this title, payment to the claimant discharges all

liability of the obligated bank with respect to the

check.

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(c) If the obligated bank pays the amount of a check to a

claimant under paragraph (4) of subsection (b) of this section and

the check is presented for payment by a person having rights of a

holder in due course, the claimant is obliged to (i) refund the

payment to the obligated bank if the check is paid, or (ii) pay the

amount of the check to the person having rights of a holder in due

course if the check is dishonored.
the amount of a check to a

claimant under paragraph (4) of subsection (b) of this section and

the check is presented for payment by a person having rights of a

holder in due course, the claimant is obliged to (i) refund the

payment to the obligated bank if the check is paid, or (ii) pay the

amount of the check to the person having rights of a holder in due

course if the check is dishonored.

(d) If a claimant has the right to assert a claim under

subsection (b) of this section and is also a person entitled to

enforce a cashier's check, teller's check, or certified check which

is lost, destroyed, or stolen, the claimant may assert rights with

respect to the check either under this section or Section 3-309 of

this title.