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Simple English definitions for legal terms
protest certificate
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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:
- Confirmation that the holder in due course has recruited the notary public to present the instrument
- Confirmation that the notary has presented the instrument to the drawee (the person responsible for payment or acceptance)
- The time and place of presentation
- 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.