Oregon Code § 73.0414·Enacted ·Last updated March 01, 2026
Statute Text
Obligation of drawer.
(1) This section does not apply to cashiers checks or other drafts drawn on
the drawer.
(2) If an
unaccepted draft is dishonored, the drawer is obliged to pay the draft
according to its terms at the time it was issued or, if not issued, at the time
it first came into possession of a holder, or if the drawer signed an
incomplete instrument, according to its terms when completed, to the extent
stated in ORS 73.0115 and 73.0407. The obligation is owed to a person entitled
to enforce the draft or to an indorser who paid the draft under ORS 73.0415.
(3) If a draft is
accepted by a bank, the drawer is discharged, regardless of when or by whom
acceptance was obtained.
(4) If a draft is
accepted and the acceptor is not a bank, the obligation of the drawer to pay a
draft if the draft is dishonored by the acceptor is the same as the obligation
of an indorser under ORS 73.0415 (1) and (3).
(5) If a draft
states that it is drawn without recourse or otherwise disclaims liability of
the drawer to pay the draft, the drawer is not liable under subsection (2) of
this section to pay the draft if the draft is not a check.
(6) If a check is
not presented for payment or given to a depositary bank for collection within
30 days after its date, the drawee suspends payments after expiration of the
30-day period without paying the check, and because of the suspension of
payments, the drawer is deprived of funds maintained with the drawee to cover
payment of the check, the drawer to the extent deprived of funds may discharge
its obligation to pay the check by assigning to the person entitled to enforce
the check the rights of the drawer against the drawee with respect to the
funds. [1993 c.545 §55]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 73.0414
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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