Is there a time limitation for exercising warranties on negotiable instruments?

The holder of an instrument must make a warranty claim to a warrantor within 30 days of notice of dishonor of the instrument. Failure to give this notice within 30 days may relieve the warrantor from liability for any losses incurred as a result of the failure of the claimant to give timely notice.

Example: Emily is the holder of a draft drawn on ABC Financial. She received the draft from Clayton. Emily transfers the draft to Doug. The draft is subsequently transferred multiple times. Eventually, Easton presents the draft for payment. ABC pays the draft and then learns that Easton was not validly entitled to payment. ABC seeks to recoup the money paid from Easton, the presenter of the draft. When Easton and other transferors cannot be found, ABC attempts to enforce the instrument against Emily. ABC waits longer than 30 days to give Emily notice of its claim. This delay caused Emily to not be able to recover from Clayton, who she recently paid money she owed. She would have been able to offset the amount owed if she had been given timely notice. Her obligation to pay ABC on presentment warranty may be discharged due to her loss caused by ABCs delay in providing notice of its presentment claim.

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Jason M. Gordon

Member | Co-Founder Law for Georgia, LLC

Is there a time limitation for exercising warranties on negotiable instruments?

Jason M. Gordon

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