Okla. Stat. tit. 12A, § 12A-4-402
This is the official text of Okla. Stat. tit. 12A, § 12A-4-402, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Bank's Liability to Customer for Wrongful Dishonor;
Official statutory text
Time for Determining Insufficiency of Account.
BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR;
TIME FOR DETERMINING INSUFFICIENCY OF ACCOUNT
(a) Except as otherwise provided in this article, a payor bank
wrongfully dishonors an item if it dishonors an item that is
properly payable, but a bank may dishonor an item that would create
an overdraft unless it has agreed to pay the overdraft.
(b) A payor bank is liable to its customer for damages
proximately caused by the wrongful dishonor of an item. Liability
is limited to actual damages proved and may include damages for an
arrest or prosecution of the customer or other consequential
damages. Whether any consequential damages are proximately caused
by the wrongful dishonor is a question of fact to be determined in
each case.
(c) A payor bank's determination of the customer's account
balance on which a decision to dishonor for insufficiency of
available funds is based and may be made at any time between the
time the item is received by the payor bank and the time that the
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 349
payor bank returns the item or gives notice in lieu of return, and
no more than one (1) determination need be made. If, at the
election of the payor bank, a subsequent balance determination is
made for the purpose of reevaluating the bank's decision to dishonor
the item, the account balance at that time is determinative of
whether a dishonor for insufficiency of available funds is wrongful.
BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR;
TIME FOR DETERMINING INSUFFICIENCY OF ACCOUNT
(a) Except as otherwise provided in this article, a payor bank
wrongfully dishonors an item if it dishonors an item that is
properly payable, but a bank may dishonor an item that would create
an overdraft unless it has agreed to pay the overdraft.
(b) A payor bank is liable to its customer for damages
proximately caused by the wrongful dishonor of an item. Liability
is limited to actual damages proved and may include damages for an
arrest or prosecution of the customer or other consequential
damages. Whether any consequential damages are proximately caused
by the wrongful dishonor is a question of fact to be determined in
each case.
(c) A payor bank's determination of the customer's account
balance on which a decision to dishonor for insufficiency of
available funds is based and may be made at any time between the
time the item is received by the payor bank and the time that the
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 349
payor bank returns the item or gives notice in lieu of return, and
no more than one (1) determination need be made. If, at the
election of the payor bank, a subsequent balance determination is
made for the purpose of reevaluating the bank's decision to dishonor
the item, the account balance at that time is determinative of
whether a dishonor for insufficiency of available funds is wrongful.
Status: in_force · Read it on the official government site
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