Nevada § 104.3312 - Lost, destroyed or stolen cashier's check, teller's check or certified check

Full text of Nevada Nevada Revised Statutes § 104.3312 — Lost, destroyed or stolen cashier's check, teller's check or certified check, with citation guidance and answers to common questions.

§ 104.3312. Lost, destroyed or stolen cashier's check, teller's check or certified check

1. In this section: (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 loss ” means a statement, made in a record under penalty of perjury, to the effect that: (1) The declarer lost possession of a check; (2) The declarer is the drawer or payee of the check, in the case of a certified check,

or the remitter or payee of the check, in the case of a cashier's check or teller's

check; (3) The loss of possession was not the result of a transfer by the declarer or a lawful

seizure; and (4) The declarer cannot reasonably obtain possession of the check because the check

was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession

of an unknown person or a person that cannot be found or is not amenable to service

of process. (d) “ Obligated bank ” means the issuer of a cashier's check or teller's check or the acceptor of a certified

check. 2. A claimant may assert a claim to the amount of a check by a communication to the

obligated bank describing the check with reasonable certainty and requesting payment

of the amount of the check, if: (a) The claimant is the drawer or payee of a certified check or the remitter or payee

of a cashier's check or teller's check; (b) The communication contains or is accompanied by a declaration of loss of the claimant

with respect to the check; (c) The communication is received at a time and in a manner affording the bank a reasonable

time to act on it before the check is paid; and (d) The claimant provides reasonable identification if requested by the obligated

bank. 3. Delivery of a declaration of loss is a warranty of the truth of the statements

made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply: (a) The claim becomes enforceable at the later of: (1) The time the claim is asserted; or (2) The 90th day following the date of the check, in the case of a cashier's check

or teller's check, or the 90th day following the date of the acceptance, in the case

of a certified check. (b) Until the claim becomes enforceable, it has no legal effect and the obligated

bank may pay the check or, in the case of a teller's check, may permit the drawee

to pay the check. Payment to a person entitled to enforce the check discharges all liability of the

obligated bank with respect to the check. (c) If the claim becomes enforceable before the check is presented for payment, the

obligated bank is not obliged to pay the check. (d) When the claim becomes enforceable, the obligated bank becomes obliged to pay

the amount of the check to the claimant if payment of the check has not been made

to a person entitled to enforce the check. Subject to paragraph (a) of subsection 1 of NRS 104.4302 , payment to the claimant discharges all liability of the obligated bank with respect

to the check. 4. If the obligated bank pays the amount of a check to a claimant under paragraph

(d) of subsection 2 and the check is presented for payment by a person having rights

of a holder in due course, the claimant is obliged to refund the payment to the obligated

bank if the check is paid, or pay the amount of the check to the person having rights

of a holder in due course if the check is dishonored. 5. If a claimant has the right to assert a claim under subsection 2 and is also a

person entitled to enforce a cashier's check, teller's check or certified check which

is lost, destroyed or stolen, the claimant may assert rights with respect to the check

either under this section or NRS 104.3309 .

Source: official Nevada text · Last verified 2026-08-27

Frequently Asked Questions About Nevada § 104.3312

What does Nevada Revised Statutes § 104.3312 cover?

Section 104.3312 ("Lost, destroyed or stolen cashier's check, teller's check or certified check") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. 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 Nevada § 104.3312?

A common citation format is "Nevada Revised Statutes § 104.3312" (Nevada). 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 Nevada law?

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

How does Nevada § 104.3312 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada 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 Nevada.