2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 33 - Enforcement of Instruments
3312 - Lost, destroyed or stolen cashier's check, teller's check or certified check.

     § 3312.  Lost, destroyed or stolen cashier's check, teller's
                check or certified check.
        (a)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Check."  A cashier's check, teller's check or certified
     check.
        "Claimant."  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.
        "Declaration of loss."  A written statement made under
     penalty of perjury to the effect that:
            (1)  the declarer lost possession of a check;
            (2)  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 check or teller's
        check;
            (3)  the loss of possession was not the result of a
        transfer by the declarer or a lawful seizure; and
            (4)  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.
        "Obligated bank."  The issuer of a cashier's check or
     teller's check or the acceptor of a certified check.
        (b)  Claims.--
            (1)  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 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 a 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.
            (2)  If a claim is asserted in compliance with this
        subsection, the following rules apply:
                (i)  The claim becomes enforceable at the later of:
                    (A)  the time the claim is asserted; or
                    (B)  the 90th day following the date of the
                check, in the case of a cashier's check or teller's
                check, or the 90th day following the date of the
                acceptance, in the case of a certified check.
                (ii)  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.
                (iii)  If the claim becomes enforceable before the
            check is presented for payment, the obligated bank is not
            obliged to pay the check.
                (iv)  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 section 4302(a)(1) (relating to responsibility
            of payor bank for late return of item), payment to the
            claimant discharges all liability of the obligated bank
            with respect to the check.
        (c)  Claimant obligation.--If the obligated bank pays the
     amount of a check to a claimant under subsection (b)(2)(iv) and
     the check is presented for payment by a person having rights of
     a holder in due course, the claimant is obliged to:
            (1)  refund the payment to the obligated bank if the
        check is paid; or
            (2)  pay the amount of the check to the person having
        rights of a holder in due course if the check is dishonored.
        (d)  Claimant remedies.--If a claimant has the right to
     assert a claim under subsection (b) 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 3309 (relating to enforcement of lost,
     destroyed or stolen instrument).
     (May 22, 1996, P.L.248, No.44, eff. 180 days)

        1996 Amendment.  Act 44 added section 3312.