Ohio § 1303.401

§ 1303.401.

(A) As used in this section: (1) “ Check ” means a cashier's check, teller's check, or certified check. (2) “ Claimant ” means a person who claims the right to receive the amount of a check that was lost,

destroyed, or stolen. (3) “ Declaration of loss ” means a statement made in a record, under penalty of perjury, to the effect that

all of the following are true: (a) The declarant lost possession of a check; (b) The declarant is the drawer or payee of the check, in the case of a check that is

a certified check, or the remitter or payee of the check, in the case of a check that

is a cashier's check or teller's check; (c) The declarant's loss of possession of the check was not the result of a transfer

by the declarant or a lawful seizure; (d) The declarant reasonably cannot 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. (4) “ Obligated bank ” means the issuer of a check that is a cashier's check or teller's check or the acceptor

of a check that is a certified check. (B)(1) A claimant may assert a claim to the amount of a check by making a communication

to the obligated bank that describes the check with reasonable certainty and that

requests payment of the amount of the check, if all of the following apply: (a) If the check is a certified check, the claimant is the drawer or payee of the check,

or, if the check is a cashier's check or teller's check, the claimant is the remitter

or payee of the check; (b) The communication contains or is accompanied by a declaration of loss of the claimant

with respect to the check; (c) The obligated bank receives the communication at a time and in a manner that affords

the bank a reasonable time to act upon it before the check is paid; (d) The claimant provides reasonable identification if requested by the obligated bank. (2) Delivery of a declaration of loss under division (B)(1) of this section is a warranty

of the truth of the statements made in the declaration.  If a claim is asserted in compliance with division (B)(1) of this section, all of

the following rules apply: (a) The claim becomes enforceable at the later of the following times: (i) The time the claim is so asserted; (ii) If the check is a cashier's check or teller's check, the ninetieth day following

the date of the check, or, if the check is a certified check, the ninetieth day following

the date of the acceptance. (b) Until the claim becomes enforceable, it has no legal effect, and the obligated bank

may pay the check or, if the check is 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 obligated to pay the check. (d) When the claim becomes enforceable, the obligated bank becomes obligated 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 division (A)(1) of section 1304.28 of the Revised Code , payment to the claimant discharges all liability of the obligated bank with respect

to the check. (C) If the obligated bank pays the amount of a check to a claimant pursuant to division

(B)(2)(d) of this section, and the check is presented for payment by a person with

rights of a holder in due course, the claimant is obligated to do whichever of the

following is applicable: (1) If the check is paid, refund the payment to the obligated bank; (2) If the check is dishonored, pay the amount of the check to the person with rights

of a holder in due course. (D) If a claimant has the right to assert a claim under division (B) of this section

and if the claimant also is a person entitled to enforce a cashier's check, teller's

check, or certified check that is lost, destroyed, or stolen, the claimant may assert

rights with respect to the check under either this section or section 1303.38 of the Revised Code .