New Jersey § 12a:3-605
Full text of New Jersey New Jersey Statutes § 12a:3-605, with citation guidance and answers to common questions.
§ 12a:3-605.
a. In this section, the term “ indorser ” includes a drawer having the obligation described in subsection d. of 12A:3-414. b. Discharge, under 12A:3-604, of the obligation of a party to pay an instrument does
not discharge the obligation of an indorser or accommodation party having a right
of recourse against the discharged party. c. If a person entitled to enforce an instrument agrees, with or without consideration,
to an extension of the due date of the obligation of a party to pay the instrument,
the extension discharges an indorser or accommodation party having a right of recourse
against the party whose obligation is extended to the extent the indorser or accommodation
party proves that the extension caused loss to the indorser or accommodation party
with respect to the right of recourse. d. If a person entitled to enforce an instrument agrees, with or without consideration,
to a material modification of the obligation of a party other than an extension of
the due date, the modification discharges the obligation of an indorser or accommodation
party having a right of recourse against the person whose obligation is modified to
the extent the modification causes loss to the indorser or accommodation party with
respect to the right of recourse. The loss suffered by the indorser or accommodation party as a result of the modification
is equal to the amount of the right of recourse unless the person enforcing the instrument
proves that no loss was caused by the modification or that the loss caused by the
modification was an amount less than the amount of the right of recourse. e. If the obligation of a party to pay an instrument is secured by an interest in
collateral and a person entitled to enforce the instrument impairs the value of the
interest in collateral, the obligation of an indorser or accommodation party having
a right of recourse against the obligor is discharged to the extent of the impairment. The value of an interest in collateral is impaired to the extent the value of the
interest is reduced to an amount less than the amount of the right of recourse of
the party asserting discharge, or the reduction in value of the interest causes an
increase in the amount by which the amount of the right of recourse exceeds the value
of the interest. The burden of proving impairment is on the party asserting discharge. f. If the obligation of a party is secured by an interest in collateral not provided
by an accommodation party and a person entitled to enforce the instrument impairs
the value of the interest in collateral, the obligation of any party who is jointly
and severally liable with respect to the secured obligation is discharged to the extent
the impairment causes the party asserting discharge to pay more than that party would
have been obliged to pay, taking into account rights of contribution, if impairment
had not occurred. If the party asserting discharge is an accommodation party not entitled to discharge
under subsection e. of this section, the party is deemed to have a right to contribution
based on joint and several liability rather than a right to reimbursement. The burden of proving impairment is on the party asserting discharge. g. Under subsection e. or f. of this section, impairing value of an interest in collateral
includes failure to obtain or maintain perfection or recordation of the interest in
collateral, release of collateral without substitution of collateral of equal value,
failure to perform a duty to preserve the value of collateral owed, under chapter
9 or other law, to a debtor or surety or other person secondarily liable, or failure
to comply with applicable law in disposing of collateral. h. An accommodation party is not discharged under subsection c., d. or e. of this
section unless the person entitled to enforce the instrument knows of the accommodation
or has notice under subsection c. of 12A:3-419 that the instrument was signed for
accommodation. i. A party is not discharged under this section if the party asserting discharge consents
to the event or conduct that is the basis of the discharge, or the instrument or a
separate agreement of the party provides for waiver of discharge under this section
either specifically or by general language indicating that parties waive defenses
based on suretyship or impairment of collateral.
Frequently Asked Questions About New Jersey § 12a:3-605
What does New Jersey Statutes § 12a:3-605 cover?
Section 12a:3-605 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:3-605?
A common citation format is "New Jersey Statutes § 12a:3-605" (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:3-605 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.