New Jersey § 12a:4-401
Full text of New Jersey New Jersey Statutes § 12a:4-401, with citation guidance and answers to common questions.
§ 12a:4-401.
a. A bank may charge against the account of a customer an item that is properly payable
from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance
with any agreement between the customer and bank. b. A customer is not liable for the amount of an overdraft if the customer neither
signed the item nor benefited from the proceeds of the item. c. A bank may charge against the account of a customer a check that is otherwise properly
payable from the account, even though payment was made before the date of the check,
unless the customer has given notice to the bank of the postdating describing the
check with reasonable certainty. The notice is effective for the period stated in subsection b. of 12A:4-403 for
stop-payment orders, and must be received at such time and in such manner as to afford
the bank a reasonable opportunity to act on it before the bank takes any action with
respect to the check described in 12A:4-303. If a bank charges against the account of a customer a check before the date stated
in the notice of postdating, the bank is liable for damages for the loss resulting
from its act. The loss may include damages for dishonor of subsequent items under 12A:4-402. d. A bank that in good faith makes payment to a holder may charge the indicated account
of its customer according to: (1) the original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been
completed unless the bank has notice that the completion was improper.
Frequently Asked Questions About New Jersey § 12a:4-401
What does New Jersey Statutes § 12a:4-401 cover?
Section 12a:4-401 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:4-401?
A common citation format is "New Jersey Statutes § 12a:4-401" (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:4-401 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.