Maryland § 8-104

Full text of Maryland Maryland Code § 8-104, with citation guidance and answers to common questions.

§ 8-104.

    (a)    The drawer or representative drawer is presumed to know that there are insufficient funds whenever the drawer of a check has insufficient funds with the drawee to cover the check and other outstanding checks when issuing the check.

    (b)    The drawer or representative drawer of a dishonored check is presumed to have intended or believed that the check would be dishonored on presentment if:

        (1)    the drawer had no account with the drawee when issuing the check; or

        (2)    (i)    when issuing the check, the drawer had insufficient funds with the drawee to cover the check and other outstanding checks;

            (ii)    the check was presented to the drawee for payment not more than 30 days after the date of issuing the check; and

            (iii)    the drawer had insufficient funds with the drawee at the time of presentment.

    (c)    A notice of protest of a check, or a certificate under oath of an authorized representative of the drawee declaring the dishonor of a check, the drawer’s lack of an account, or that the drawer had insufficient funds introduced in evidence is presumptive evidence, that:

        (1)    the check was dishonored by the drawee; and

        (2)    the drawer had:

            (i)    no account with the drawee when the check was issued; or

            (ii)    insufficient funds with the drawee at the time of presentment and issuing of the check.

    (d)    The fact that a drawer or representative drawer, without the consent of the payee, stopped or countermanded the payment of the check, or otherwise caused the drawee to disregard, dishonor, or refuse to recognize the check without returning or tendering the return of the property obtained, is presumptive evidence that the drawer or representative drawer had the intent when issuing the check to stop or countermand payment or otherwise cause the drawee to disregard, dishonor, or refuse to recognize the check.

Frequently Asked Questions About Maryland § 8-104

What does Maryland Code § 8-104 cover?

Section 8-104 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 8-104?

A common citation format is "Maryland Code § 8-104" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 8-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.