673.3011 Person entitled to enforce instrument.—The term “person entitled to enforce” an instrument means: (1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4). […]
673.3021 Holder in due course.— (1) Subject to subsection (3) and s. 673.1061(4), the term “holder in due course” means the holder of an instrument if: (a) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into […]
673.3031 Value and consideration.— (1) An instrument is issued or transferred for value if: (a) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed; (b) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding; (c) The instrument is issued […]
673.3041 Overdue instrument.— (1) An instrument payable on demand becomes overdue at the earliest of the following times: (a) On the day after the day demand for payment is duly made; (b) If the instrument is a check, 90 days after its date; or (c) If the instrument is not a check, when the instrument has been outstanding for a […]
673.3051 Defenses and claims in recoupment.— (1) Except as stated in subsection (2), the right to enforce the obligation of a party to pay an instrument is subject to: (a) A defense of the obligor based on: 1. Infancy of the obligor to the extent it is a defense to a simple contract; 2. Duress, lack of legal capacity, or […]
673.3061 Claims to an instrument.—A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having […]
673.3071 Notice of breach of fiduciary duty.— (1) In this section, the term: (a) “Fiduciary” means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. (b) “Represented person” means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (a) is owed. (2) If […]
673.3081 Proof of signatures and status as holder in due course.— (1) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is […]
673.3091 Enforcement of lost, destroyed, or stolen instrument.— (1) A person not in possession of an instrument is entitled to enforce the instrument if: (a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was […]
673.3101 Effect of instrument on obligation for which taken.— (1) Unless otherwise agreed, if a certified check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. […]
673.3111 Accord and satisfaction by use of instrument.— (1) If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained […]
673.3121 Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check.— (1) In this section, the term: (a) “Check” means a cashier’s check, teller’s check, or certified check. (b) “Claimant” means 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. (c) “Declaration of […]
