PARRIS N. GLENDENING, Governor

Ch. 91

STATEMENT TO THE PERSON AGAINST WHOM THE CLAIM IS ASSERTED THAT
COMMUNICATIONS CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT
TENDERED AS FULL SATISFACTION OF A DEBT, ARE TO BE SENT TO A DESIGNATED
PERSON, OFFICE, OR PLACE, AND (II) THE INSTRUMENT OR ACCOMPANYING
COMMUNICATION WAS NOT RECEIVED BY THAT DESIGNATED PERSON, OFFICE, OR
PLACE.

(2) THE CLAIMANT, WHETHER OR NOT AN ORGANIZATION, PROVES
THAT WITHIN 90 DAYS AFTER PAYMENT OF THE INSTRUMENT, THE CLAIMANT
TENDERED REPAYMENT OF THE AMOUNT OF THE INSTRUMENT TO THE PERSON
AGAINST WHOM THE CLAIM IS ASSERTED. THIS PARAGRAPH DOES NOT APPLY IF
THE CLAIMANT IS AN ORGANIZATION THAT SENT A STATEMENT COMPLYING WITH
PARAGRAPH (1)(I).

(D) A CLAIM IS DISCHARGED IF THE PERSON AGAINST WHOM THE CLAIM IS
ASSERTED PROVES THAT WITHIN A REASONABLE TIME BEFORE COLLECTION OF
THE INSTRUMENT WAS INITIATED, THE CLAIMANT, OR AN AGENT OF THE
CLAIMANT HAVING DIRECT RESPONSIBILITY WITH RESPECT TO THE DISPUTED
OBLIGATION, KNEW THAT THE INSTRUMENT WAS TENDERED IN FULL
SATISFACTION OF THE CLAIM

3-312

(A)     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 CASHIER'S CHECK, TELLER'S CHECK, OR CERTIFIED
CHECK THAT WAS LOST, DESTROYED, OR STOLEN.

(3)     "DECLARATION OF LOSS" MEANS A WRITTEN STATEMENT, MADE
UNDER PENALTY OF PERJURY, TO THE EFFECT THAT (I) THE DECLARER LOST
POSSESSION OF A CHECK, (II) THE DECLARER IS THE DRAWER OR PAYEE OF THE
CHECK, IN THE CASE OF A CERTIFIED CHECK, OR THE REMITTER OR PAYEE OF THE
CHECK, IN THE CASE OF A CASHIER'S CHECK OR TELLER'S CHECK, (III) THE LOSS OF
POSSESSION WAS NOT THE RESULT OF A TRANSFER BY THE DECLARER OR A
LAWFUL SEIZURE, AND (IV) THE DECLARER CANNOT REASONABLY 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 CASHIER'S CHECK OR
TELLER'S CHECK OR THE ACCEPTOR OF A CERTIFIED CHECK.

(B)     A CLAIMANT MAY ASSERT A CLAIM TO THE AMOUNT OF A CHECK BY A
COMMUNICATION TO THE OBLIGATED BANK DESCRIBING THE CHECK WITH
REASONABLE CERTAINTY AND REQUESTING PAYMENT OF THE AMOUNT OF THE
CHECK, IF (I) THE CLAIMANT IS THE DRAWER OR PAYEE OF A CERTIFIED CHECK OR

- 1249 -