Oregon Statutes 73.0505 – Evidence of dishonor
(1) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
Terms Used In Oregon Statutes 73.0505
- Drawee: means a person ordered in a draft to make payment. See Oregon Statutes 73.0103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) A document regular in form as provided in subsection (2) of this section which purports to be a protest;
(b) A purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; and
(c) A book or record of the drawee, payor bank or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.
(2) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public described in ORS § 194.375 or other person authorized to administer oaths by the law of the place where dishonor occurs. The protest may be made upon information satisfactory to that person. The protest must identify the instrument and certify that either presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties. [1993 c.545 § 66; 2009 c.123 § 6; 2013 c.219 § 54]
DISCHARGE AND PAYMENT