{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-3-312","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-3-312","heading":"Lost, Destroyed, or Stolen Cashier's Check, Teller's","body":"Check, or Certified Check.\n\nLOST, DESTROYED, OR STOLEN CASHIER'S CHECK,\n\nTELLER'S CHECK, OR CERTIFIED CHECK\n\n(a) In this section:\n\n(1) \"Check\" means a cashier's check, teller's check, or\n\ncertified check;\n\n(2) \"Claimant\" means a person who claims the right to\n\nreceive the amount of a cashier's check, teller's\n\ncheck, or certified check that was lost, destroyed, or\n\nstolen;\n\n(3) \"Declaration of loss\" means a statement, made in a\n\nrecord under penalty of perjury, to the effect that\n\n(i) the declarer lost possession of a check, (ii) the\n\ndeclarer is the drawer or payee of the check, in the\n\ncase of a certified check, or the remitter or payee of\n\nthe check, in the case of a cashier's or teller's\n\ncheck, (iii) the loss of possession was not the result\n\nof a transfer by the declarer or a lawful seizure, and\n\n(iv) the declarer cannot reasonably obtain possession\n\nof the check because the check was destroyed, its\n\nwhereabouts cannot be determined, or it is in the\n\nwrongful possession of an unknown person or a person\n\nthat cannot be found or is not amenable to service of\n\nprocess; and\n\n(4) \"Obligated bank\" means the issuer of a cashier's check\n\nor a teller's check or the acceptor of a certified\n\ncheck.\n\n(b) A claimant may assert a claim to the amount of a check by a\n\ncommunication to the obligated bank describing the check with\n\nreasonable certainty and requesting payment of the amount of the\n\ncheck, if (i) the claimant is the drawer or payee of a certified\n\ncheck or the remitter or payee of a cashier's check or teller's\n\ncheck, (ii) the communication contains or is accompanied by a\n\ndeclaration of loss of the claimant with respect to the check, (iii)\n\nthe communication is received at a time and in a manner affording\n\nthe bank reasonable time to act on it before the check is paid, and\n\n(iv) the claimant provides reasonable identification if requested by\n\nthe obligated bank. Delivery of a declaration of loss is a warranty\n\nof the truth of the statements made in the declaration. If a claim\n\nis asserted in compliance with this subsection, the following rules\n\napply:\n\n(1) The claim becomes enforceable at the later of (i) the\n\ntime the claim is asserted, or (ii) the ninetieth\n\n(90th) day following the date of the check, in the\n\ncase of a cashier's check or teller's check, or the\n\nninetieth (90th) day following the date of the\n\nacceptance, in the case of a certified check;\n\n(2) Until the claim becomes enforceable, it has no legal\n\neffect and the obligated bank may pay the check or, in\n\nthe case of a teller's check, may permit the drawee to\n\npay the check. Payment to a person entitled to\n\nenforce the check discharges all liability of the\n\nobligated bank with respect to the check;\n\n(3) If the claim becomes enforceable before the check is\n\npresented for payment, the obligated bank is not\n\nobliged to pay the check; and\n\n(4) When the claim becomes enforceable, the obligated bank\n\nbecomes obliged to pay the amount of the check to the\n\nclaimant if payment of the check has not been made to\n\na person entitled to enforce the check. Subject to\n\nparagraph (1) of subsection (a) of Section 4-302 of\n\nthis title, payment to the claimant discharges all\n\nliability of the obligated bank with respect to the\n\ncheck.\n\n(c) If the obligated bank pays the amount of a check to a\n\nclaimant under paragraph (4) of subsection (b) of this section and\n\nthe check is presented for payment by a person having rights of a\n\nholder in due course, the claimant is obliged to (i) refund the\n\npayment to the obligated bank if the check is paid, or (ii) pay the\n\namount of the check to the person having rights of a holder in due\n\ncourse if the check is dishonored.\nthe amount of a check to a\n\nclaimant under paragraph (4) of subsection (b) of this section and\n\nthe check is presented for payment by a person having rights of a\n\nholder in due course, the claimant is obliged to (i) refund the\n\npayment to the obligated bank if the check is paid, or (ii) pay the\n\namount of the check to the person having rights of a holder in due\n\ncourse if the check is dishonored.\n\n(d) If a claimant has the right to assert a claim under\n\nsubsection (b) of this section and is also a person entitled to\n\nenforce a cashier's check, teller's check, or certified check which\n\nis lost, destroyed, or stolen, the claimant may assert rights with\n\nrespect to the check either under this section or Section 3-309 of\n\nthis title.","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"43989c31026c703977cd21c7702be009c181f4ccbb3c8765ee101c1598fea1e9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-3-311","next":"us-ok/okla.-stat.-tit.-12a-12a-3-401"},"notice":"GroundRules: Original legal text. Not legal advice."}