Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

protest certificate

Read a random definition: flagrans crimen

A quick definition of protest certificate:

A protest certificate is a document created by a notary public that confirms a negotiable instrument, like a check or promissory note, has been presented for payment or acceptance and has been refused or dishonored by the drawee. The certificate includes the time and place of presentation and is used to notify the holder of the instrument that they can seek damages for the dishonored item. In simpler terms, it's like a receipt that proves someone tried to cash a check, but the bank said no.

A notice of dishonor is a notification to the person who endorsed a negotiable instrument that payment or acceptance has been refused. This notice is required for the endorser to be held liable for the payment of the instrument. It's like a warning that the person who signed the check will have to pay if the check bounces.

A more thorough explanation:

A protest certificate is a document created by a notary public that confirms the refusal or dishonor of a negotiable instrument, such as a check or promissory note. The certificate includes the following information:

  1. Confirmation that the holder in due course has recruited the notary public to present the instrument
  2. Confirmation that the notary has presented the instrument to the drawee (the person responsible for payment or acceptance)
  3. The time and place of presentation
  4. Confirmation that the drawee refused or dishonored the instrument

Previously, the notary would issue a protest certificate, which could then be presented to the drawee and any other liable parties as notice that the holder could seek damages for the dishonored negotiable instrument.

John holds a promissory note from Jane, which she has failed to pay. John recruits a notary public to present the note to Jane for payment. The notary presents the note to Jane, but she refuses to pay. The notary issues a protest certificate, which John can use as evidence of Jane's refusal to pay if he decides to take legal action against her.

A notice of dishonor is a document that notifies the indorser of a negotiable instrument that acceptance or payment has been refused. This notice is a condition of an indorser's secondary liability, meaning that if the instrument is dishonored, the indorser may be held responsible for payment.

Sarah indorses a check made out to her friend, Tom. Tom tries to cash the check, but the bank refuses to honor it. The bank sends a notice of dishonor to Sarah, informing her that the check has been dishonored. If Tom decides to take legal action against Sarah to recover the amount of the check, the notice of dishonor will be used as evidence that Sarah was aware of the dishonor.

protestation | protest fee

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
LSD+ is ad-free, with DMs, discounts, case briefs & more.