Oregon Statutes - Chapter 74 - Bank Deposits and Collections - Section 74.4030 - Customerís right to stop payment; duration of stop payment order; burden of proof of loss.

(1) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customerís account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in ORS 74.3030. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.

(2) A stop payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop payment order is effective.

(3) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop payment order may include damages for dishonor of subsequent items under ORS 74.4020. [1961 c.726 §74.4030; 1993 c.545 §106]

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Last modified: August 7, 2008