New Jersey § 12a:3-310
Full text of New Jersey New Jersey Statutes § 12a:3-310, with citation guidance and answers to common questions.
§ 12a:3-310.
a. 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 that discharge
would result if an amount of money equal to the amount of the instrument were taken
in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have
as an indorser of the instrument. b. Unless otherwise agreed and except as provided in subsection a. of this section,
if a note or an uncertified check is taken for an obligation, the obligation is suspended
to the same extent the obligation would be discharged if an amount of money equal
to the amount of the instrument were taken, and the following rules apply: (1) In the case of an uncertified check, suspension of the obligation continues until
dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to
the extent of the amount of the check. (2) In the case of a note, suspension of the obligation continues until dishonor of
the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the
payment. (3) Except as provided in paragraph (4) of this subsection b., if the check or note
is dishonored and the obligee of the obligation for which the instrument was taken
is the person entitled to enforce the instrument, the obligee may enforce either the
instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee
by the obligor, discharge of the obligor on the instrument also discharges the obligation. (4) If the person entitled to enforce the instrument taken for an obligation is a
person other than the obligee, the obligee may not enforce the obligation to the extent
the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has
possession of it because it was lost, stolen, or destroyed, the obligation may not
be enforced to the extent of the amount payable on the instrument, and to that extent
the obligee's rights against the obligor are limited to enforcement of the instrument. c. If an instrument other than one described in subsection a. or b. of this section
is taken for an obligation, the effect is that stated in subsection a. of this section
if the instrument is one on which a bank is liable as maker or acceptor, or that stated
in subsection b. of this section in any other case.
Frequently Asked Questions About New Jersey § 12a:3-310
What does New Jersey Statutes § 12a:3-310 cover?
Section 12a:3-310 is part of the New Jersey Statutes, the codified statutory law of New Jersey. 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 New Jersey § 12a:3-310?
A common citation format is "New Jersey Statutes § 12a:3-310" (New Jersey). 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 New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:3-310 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey 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 New Jersey.