C.R.S. Section 4-4-402
Bank’s liability to customer for wrongful dishonor

  • time of 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 may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one 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.

Source: Section 4-4-402 — Bank’s liability to customer for wrongful dishonor - time of determining insufficiency of account, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑4‑101
Short title 4‑4‑102
Applicability 4‑4‑103
Variation by agreement - measure of damages - action constituting ordinary care 4‑4‑104
Definitions and index of definitions 4‑4‑105
“Bank” - “depositary bank” - “intermediary bank” - “collecting bank” - “payor bank” - “presenting bank” 4‑4‑106
Payable through or payable at bank - collecting bank 4‑4‑107
Separate office of bank 4‑4‑108
Time of receipt of items 4‑4‑109
Delays 4‑4‑110
Electronic presentment 4‑4‑111
Statute of limitations 4‑4‑201
Status of collecting banks as agent and provisional status of credits - applicability of article - item indorsed “pay any bank” 4‑4‑202
Responsibility for collection or return - when action timely 4‑4‑203
Effect of instructions 4‑4‑204
Methods of sending and presenting - sending directly to payor bank 4‑4‑205
Depositary bank holder of unindorsed item 4‑4‑206
Transfer between banks 4‑4‑207
Transfer warranties 4‑4‑208
Presentment warranties 4‑4‑209
Encoding and retention warranties 4‑4‑210
Security interest of collecting bank in items, accompanying documents, and proceeds 4‑4‑211
When bank gives value for purposes of holder in due course 4‑4‑212
Presentment by notice of item not payable by, through, or at a bank - liability of drawer or indorser 4‑4‑213
Medium and time of settlement by bank 4‑4‑214
Right of charge-back or refund - liability of collecting bank - return of item 4‑4‑215
Final payment of item by payor bank - when provisional debits and credits become final - when certain credits become available for withdrawal 4‑4‑216
Insolvency and preference 4‑4‑301
Deferred posting - recovery of payment by return of items - time of dishonor - return of items by payor bank 4‑4‑302
Payor bank’s responsibility for late return of item 4‑4‑303
When items subject to notice, stop-payment order, legal process, or setoff - order in which items may be charged or certified 4‑4‑401
When bank may charge customer’s account 4‑4‑402
Bank’s liability to customer for wrongful dishonor - time of determining insufficiency of account 4‑4‑403
Customer’s right to stop payment - burden of proof of loss 4‑4‑404
Bank not obligated to pay check more than six months old 4‑4‑405
Death or incompetence of customer 4‑4‑406
Customer’s duty to discover and report unauthorized signature or alteration 4‑4‑407
Payor bank’s right to subrogation on improper payment 4‑4‑501
Handling of documentary drafts - duty to send for presentment and to notify customer of dishonor 4‑4‑502
Presentment of “on arrival” drafts 4‑4‑503
Responsibility of presenting bank for documents and goods - report of reason for dishonor - referee in case of need 4‑4‑504
Privilege of presenting bank to deal with goods - security interest for expenses
Green check means up to date. Up to date

Current through Fall 2024

§ 4-4-402’s source at colorado​.gov