§ 25-3-505. Evidence of dishonor. - North Carolina Statutes

§25‑3‑505.  Evidence of dishonor.

(a)        The following areadmissible as evidence and create a presumption of dishonor and of any noticeof dishonor stated:

(1)        A document regularin form as provided in subsection (b) of this section which purports to be a protest.

(2)        A purported stamp orwriting of the drawee, payor bank, or presenting bank on or accompanying theinstrument stating that acceptance or payment has been refused unless reasonsfor the refusal are stated and the reasons are not consistent with dishonor.

(3)        A book or record ofthe drawee, payor bank, or collecting bank, kept in the usual course ofbusiness which shows dishonor, even if there is no evidence of who made theentry.

(b)        A protest is acertificate of dishonor made by a United States consul or vice‑consul, ora notary public or other person authorized to administer oaths by the law ofthe place where dishonor occurs. It may be made upon information satisfactoryto that person. The protest must identify the instrument and certify either thatpresentment has been made or, if not made, the reason why it was not made, andthat the instrument has been dishonored by nonacceptance or nonpayment. Theprotest may also certify that notice of dishonor has been given to some or allparties. (1899, c. 733, ss. 153, 156, 158, 160; Rev., ss. 2303,2306, 2308, 2310; C.S., ss. 3135, 3138, 3140, 3142; 1965, c. 700, s. 1; 1995,c. 232, s. 1.)