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.

Status: in_force · Read it on the official government site

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