Vermont § 605 - § 3—605.

Full text of Vermont Vermont Statutes Online § 605 — § 3—605., with citation guidance and answers to common questions.

§ 605. § 3—605.

  • Discharge of indorsers and accommodation parties (a) In this section, the term “indorser” includes a drawer having the obligation described
    in section 3—414(d) of this title. (b) Discharge, under section 3—604 of this title, 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 (i) 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 (ii) 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 (i) failure to obtain or maintain perfection or recordation of the interest
    in collateral, (ii) release of collateral without substitution of collateral of equal
    value, (iii) failure to perform a duty to preserve the value of collateral owed, under
    Article 9 of this title or other law, to a debtor or surety or other person secondarily
    liable, or (iv) 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 section 3—419(c) of this section that the instrument was signed
    for accommodation. (i) A party is not discharged under this section if (i) the party asserting discharge
    consents to the event or conduct that is the basis of the discharge, or (ii) 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. (Added 1993, No. 158 (Adj. Sess.), § 12, eff. Jan. 1, 1995.)

Frequently Asked Questions About Vermont § 605

What does Vermont Statutes Online § 605 cover?

Section 605 ("§ 3—605.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. 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 Vermont § 605?

A common citation format is "Vermont Statutes Online § 605" (Vermont). 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 Vermont law?

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

How does Vermont § 605 apply to my situation?

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