reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 2A - Leases › Part V - Default › Subpart B - Default by Lessor › § 28:2A–521. Lessee’s right to specific performance or replevin

§ 28:2A–521. Lessee’s right to specific performance or replevin.
(a) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(b) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.
(c) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Prior Codifications
1981 Ed., § 28:2A-521.
Section References
This section is referenced in § 28:2A-508.
Uniform Commercial Code Comment
Uniform Statutory Source:
Section 2-716.
Changes:
Revised to reflect leasing practices and terminology, and to expand the reference to the right of replevin in subsection (3) to include other similar rights of the lessee.
Definitional Cross References:
“Delivery”. Section 1-201(14).
“Goods”. Section 2A-103(1)(h).
“Lease contract”. Section 2A-103(1)(l).
“Lessee”. Section 2A-103(1)(n).
“Rights”. Section 1-201(36).
“Term”. Section 1-201(42).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 2A - Leases › Part V - Default › Subpart B - Default by Lessor › § 28:2A–522. Lessee’s right to goods on lessor’s insolvency

§ 28:2A–522. Lessee’s right to goods on lessor’s insolvency.
(a) Subject to subsection (b) of this section and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (§ 28:2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within 10 days after receipt of the first installment of rent and security.
(b) A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Prior Codifications
1981 Ed., § 28:2A-522.
Section References
This section is referenced in § 28:2A-508.
Uniform Commercial Code Comment
Uniform Statutory Source:
Section 2-502.
Changes:
Revised to reflect leasing practices and terminology.
Definitional Cross References:
“Conforming”. Section 2A-103(1)(d).
“Goods”. Section 2A-103(1)(h).
“Insolvent”. Section 1-201(23).
“Lease contract”. Section 2A-103(1)(l).
“Lessee”. Section 2A-103(1)(n).
“Lessor”. Section 2A-103(1)(p).
“Receipt”. Section 2-103(1)(c).
“Rights”. Section 1-201(36).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 2A - Leases › Part V - Default › Subpart C - Default by Lessee › § 28:2A–524. Lessor’s right to identify goods to lease contract

§ 28:2A–524. Lessor’s right to identify goods to lease contract.
(a) A lessor aggrieved under § 28:2A-523(a) may:
(1) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor’s or the supplier’s possession or control; and
(2) Dispose of goods (§ 28:2A-527(a)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.
(b) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Prior Codifications
1981 Ed., § 28:2A-524.
Section References
This section is referenced in § 28:2A-402 and § 28:2A-523.
Uniform Commercial Code Comment
Uniform Statutory Source:
Section 2-704.
Changes:
Revised to reflect leasing practices and terminology.
Purposes:
The remedies provided by this section are available to the lessor (i) if there has been a default by the lessee which falls within Section 2A-523(1) or 2A-523(3)(a), or (ii) if there has been any other default for which the lease contract gives the lessor the remedies provided by this section. Under “(ii)”, the lease contract may give the lessor the remedies of identification and disposition provided by this section in various ways. For example, a lease provision might specifically refer to the remedies of identification and disposition, or it might refer to this section by number (i.e., 2A-524), or it might do so by a more general reference such as “all rights and remedies provided by Article 2A for default by the lessee.”
Definitional Cross References:
“Aggrieved party”. Section 1-201(2).
“Conforming”. Section 2A-103(1)(d).
“Goods”. Section 2A-103(1)(h).
“Learn”. Section 1-201(25).
“Lease”. Section 2A-103(1)(j).
“Lease contract”. Section 2A-103(1)(l).
“Lessor”. Section 2A-103(1)(p).
“Rights”. Section 1-201(36).
“Supplier”. Section 2A-103(1)(x).
“Value”. Section 1-201(44).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 2A - Leases › Part V - Default › Subpart C - Default by Lessee › § 28:2A–526. Lessor’s stoppage of delivery in transit or otherwise

§ 28:2A–526. Lessor’s stoppage of delivery in transit or otherwise.
(a) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
(b) In pursuing its remedies under subsection (a) of this section, the lessor may stop delivery until:
(1) Receipt of the goods by the lessee;
(2) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or
(3) Such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.
(c)(1) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(2) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(3) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830; Apr. 27, 2013, D.C. Law 19-299, § 4(g), 60 DCR 2634.)
Prior Codifications
1981 Ed., § 28:2A-526.
Section References
This section is referenced in § 28:2A-504, § 28:2A-523, § 28:2A-527, § 28:7-403, and § 28:7-504.
Effect of Amendments
The 2013 amendment by D.C. Law 19-299 substituted “a warehouse” for “warehouseman” in (b)(3).
Uniform Commercial Code Comment
Uniform Statutory Source:
Section 2-705.
Changes:
Revised to reflect leasing practices and terminology.
Definitional Cross References:
“Bill of lading”. Section 1-201(6).
“Delivery”. Section 1-201(14).
“Discover”. Section 1-201(25).
“Goods”. Section 2A-103(1)(h).
“Insolvent”. Section 1-201(23).
“Lease contract”. Section 2A-103(1)(l).
“Lessee”. Section 2A-103(1)(n).
“Lessor”. Section 2A-103(1)(p).
“Notifies” and “Notification”. Section 1-201(26).
“Person”. Section 1-201(30).
“Receipt”. Section 2-103(1)(c).
“Remedy”. Section 1-201(34).
“Rights”. Section 1-201(36).
HISTORICAL NOTES
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 2A - Leases › Part V - Default › Subpart C - Default by Lessee › § 28:2A–530. Lessor’s incidental damages

§ 28:2A–530. Lessor’s incidental damages.
Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee’s default, in connection with return or disposition of the goods, or otherwise resulting from the default.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Prior Codifications
1981 Ed., § 28:2A-530.
Section References
This section is referenced in § 28:2A-527, § 28:2A-528, and § 28:2A-529.
Uniform Commercial Code Comment
Uniform Statutory Source:
Section 2-710.
Changes:
Revised to reflect leasing practices and terminology.
Definitional Cross References:
“Aggrieved party”. Section 1-201(2).
“Delivery”. Section 1-201(14).
“Goods”. Section 2A-103(1)(h).
“Lessee”. Section 2A-103(1)(n).
“Lessor”. Section 2A-103(1)(p).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 2A - Leases › Part V - Default › Subpart C - Default by Lessee › § 28:2A–531. Standing to sue third parties for injury to goods

§ 28:2A–531. Standing to sue third parties for injury to goods.
(a) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract:
(1) The lessor has a right of action against the third party, and
(2) The lessee also has a right of action against the third party if the lessee:
(A) Has a security interest in the goods;
(B) Has an insurable interest in the goods; or
(C) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
(b) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the other party to the lease contract.
(c) Either party with the consent of the other may sue for the benefit of whom it may concern.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Prior Codifications
1981 Ed., § 28:2A-531.
Uniform Commercial Code Comment
Uniform Statutory Source:
Section 2-722.
Changes:
Revised to reflect leasing practices and terminology.
Definitional Cross References:
“Action”. Section 1-201(1).
“Goods”. Section 2A-103(1)(h).
“Lease contract”. Section 2A-103(1)(l).
“Lessee”. Section 2A-103(1)(n).
“Lessor”. Section 2A-103(1)(p).
“Party”. Section 1-201(29).
“Rights”. Section 1-201(36).
“Security interest”. Section 1-201(37).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 2A - Leases › Part V - Default › Subpart C - Default by Lessee › § 28:2A–532. Lessor’s rights to residual interest

§ 28:2A–532. Lessor’s rights to residual interest.
In addition to any other necessary recovery permitted by this article or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss or damage to the lessor’s residual interest in the goods caused by the default of the lessee.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Prior Codifications
1981 Ed., § 28:2A-532.
Uniform Commercial Code Comment
Uniform Statutory Source:
None.
This section recognizes the right of the lessor to recover under this Article (as well as under other law) from the lessee for failure to comply with the lease obligations as to the condition of leased goods when returned to the lessor, for failure to return the goods at the end of the lease, or for any other default which causes loss or injury to the lessor’s residual interest in the goods.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–101. Short title

§ 28:3–101. Short title.
This article may be cited as the “Uniform Commercial Code—Negotiable Instruments”.
(Dec. 30, 1963, 77 Stat. 672, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-101.
1973 Ed., § 28:3-101.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–105. Issue of instrument

§ 28:3–105. Issue of instrument.
(a) “Issue” means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.
(b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.
(c) “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.
(Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-105.
Section References
This section is referenced in § 28:3-103.
Uniform Commercial Code Comment
1. Under former Section 3-102(1)(a) “issue” was defined as the first delivery to a “holder or a remitter” but the term “remitter” was neither defined nor otherwise used. In revised Article 3, Section 3-105(a) defines “issue” more broadly to include the first delivery to anyone by the drawer or maker for the purpose of giving rights to anyone on the instrument. “Delivery” with respect to instruments is defined in Section 1-201(14) as meaning “voluntary transfer of possession.”
2. Subsection (b) continues the rule that nonissuance, conditional issuance or issuance for a special purpose is a defense of the maker or drawer of an instrument. Thus, the defense can be asserted against a person other than a holder in due course. The same rule applies to nonissuance of an incomplete instrument later completed.
3. Subsection (c) defines “issuer” to include the signer of an unissued instrument for convenience of reference in the statute.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–107. Instrument payable in foreign money

§ 28:3–107. Instrument payable in foreign money.
Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.
(Dec. 30, 1963, 77 Stat. 674, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-107.
1973 Ed., § 28:3-107.
Uniform Commercial Code Comment
The definition of instrument in Section 3-104 requires that the promise or order be payable in “money.” That term is defined in Section 1-201(24) and is not limited to United States dollars. Section 3-107 states that an instrument payable in foreign money may be paid in dollars if the instrument does not prohibit it. It also states a conversion rate which applies in the absence of a different conversion rate stated in the instrument. The reference in former Section 3-107(1) to instruments payable in “currency” or “current funds” has been dropped as superfluous.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–108. Payable on demand or at definite time

§ 28:3–108. Payable on demand or at definite time.
(a) A promise or order is “payable on demand” if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (ii) does not state any time of payment.
(b) A promise or order is “payable at a definite time” if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment, (ii) acceleration, (iii) extension at the option of the holder, or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.
(c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.
(Dec. 30, 1963, 77 Stat. 675, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-108.
1973 Ed., § 28:3-108.
Section References
This section is referenced in § 28:3-103.
Uniform Commercial Code Comment
This section is a restatement of former Section 3-108 and Section 3-109. Subsection (b) broadens former Section 3-109 somewhat by providing that a definite time includes a time readily ascertainable at the time the promise or order is issued. Subsection (b)(iii) and (iv) restates former Section 3-109(1)(d). It adopts the generally accepted rule that a clause providing for extension at the option of the holder, even without a time limit, does not affect negotiability since the holder is given only a right which the holder would have without the clause. If the extension is to be at the option of the maker or acceptor or is to be automatic, a definite time limit must be stated or the time of payment remains uncertain and the order or promise is not a negotiable instrument. If a definite time limit is stated, the effect upon certainty of time of payment is the same as if the instrument were made payable at the ultimate date with a term providing for acceleration.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–111. Place of payment

§ 28:3–111. Place of payment.
Except as otherwise provided for items in Article 4, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.
(Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-111.
Uniform Commercial Code Comment
If an instrument is payable at a bank in the United States, Section 3-501(b)(1) states that presentment must be made at the place of payment, i.e. the bank. The place of presentment of a check is governed by Regulation CC s 229.36.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–112. Interest

§ 28:3–112. Interest.
(a) Unless otherwise provided in the instrument, (i) an instrument is not payable with interest, and (ii) interest on an interest-bearing instrument is payable from the date of the instrument.
(b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.
(Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-112.
Uniform Commercial Code Comment
1. Under Section 3-104(a) the requirement of a “fixed amount” applies only to principal. The amount of interest payable is that described in the instrument. If the description of interest in the instrument does not allow for the amount of interest to be ascertained, interest is payable at the judgment rate. Hence, if an instrument calls for interest, the amount of interest will always be determinable. If a variable rate of interest is prescribed, the amount of interest is ascertainable by reference to the formula or index described or referred to in the instrument. The last sentence of subsection (b) replaces subsection (d) of former Section 3-118.
2. The purpose of subsection (b) is to clarify the meaning of “interest” in the introductory clause of Section 3-104(a). It is not intended to validate a provision for interest in an instrument if that provision violates other law.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–113. Date of instrument

§ 28:3–113. Date of instrument.
(a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in section 28:4-401(c), an instrument payable on demand is not payable before the date of the instrument.
(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.
(Dec. 30, 1963, 77 Stat. 676, Pub. L. 88-243, § 1; Mar. 23 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-113.
1973 Ed., § 28:3-114.
Uniform Commercial Code Comment
This section replaces former Section 3-114. Subsections (1) and (3) of former Section 3-114 are deleted as unnecessary. Section 3-113(a) is based in part on subsection (2) of former Section 3-114. The rule that a demand instrument is not payable before the date of the instrument is subject to Section 4-401(c) which allows the payor bank to pay a postdated check unless the drawer has notified the bank of the postdating pursuant to a procedure prescribed in that subsection. With respect to an undated instrument, the date is the date of issue.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–114. Contradictory terms of instrument

§ 28:3–114. Contradictory terms of instrument.
If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.
(Dec. 30, 1963, 77 Stat. 677, Pub. L. 88-243, § 1; Mar. 23 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-114.
1973 Ed., § 28:3-118.
Uniform Commercial Code Comment
Section 3-114 replaces subsections (b) and (c) of former Section 3-118.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–116. Joint and several liability; contribution

§ 28:3–116. Joint and several liability; contribution.
(a) Except as otherwise provided in the instrument, 2 or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.
(b) Except as provided in section 28:3-419(e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.
(c) Repealed.
(Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467; Apr. 27, 2013, D.C. Law 19-299, § 5(d), 60 DCR 2634.)
Prior Codifications
1981 Ed., § 28:3-116.
Section References
This section is referenced in § 28:3-103.
Uniform Commercial Code Comment
1. Subsection (a) replaces subsection (e) of former Section 3-118. Subsection (b) states contribution rights of parties with joint and several liability by referring to applicable law. But subsection (b) is subject to Section 3-419(e). If one of the parties with joint and several liability is an accommodation party and the other is the accommodated party, Section 3-419(e) applies. Subsection (c) deals with discharge. The discharge of a jointly and severally liable obligor does not affect the right of other obligors to seek contribution from the discharged obligor.
2. Indorsers normally do not have joint and several liability. Rather, an earlier indorser has liability to a later indorser. But indorsers can have joint and several liability in two cases. If an instrument is payable to two payees jointly, both payees must indorse. The indorsement is a joint indorsement and the indorsers have joint and several liability and subsection (b) applies. The other case is that of two or more anomalous indorsers. The term is defined in Section 3-205(d). An anomalous indorsement normally indicates that the indorser signed as an accommodation party. If more than one accommodation party indorses a note as an accommodation to the maker, the indorsers have joint and several liability and subsection (b) applies.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part I - General Provisions and Definitions › § 28:3–119. Notice of right to defend action

§ 28:3–119. Notice of right to defend action.
In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the 2 litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
(Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467; Apr. 27, 2013, D.C. Law 19-299, § 5(e), 60 DCR 2634.)
Prior Codifications
1981 Ed., § 28:3-119.
Effect of Amendments
The 2013 amendment by D.C. Law 19-299 substituted “notice of the litigation in a record” for “written notice of the litigation” in the first sentence.
Uniform Commercial Code Comment
This section is a restatement of former Section 3-803.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part III - Enforcement of Instruments › § 28:3–301. Person entitled to enforce instrument

§ 28:3–301. Person entitled to enforce instrument.
“Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 28:3-309 or 28:3-418(d) . A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
(Dec. 30, 1963, 77 Stat. 680, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-301.
1973 Ed., § 28:3-301.
Section References
This section is referenced in § 28:3-103, § 28:3-308, and § 28:4-104.
Uniform Commercial Code Comment
This section replaces former Section 3-301 that stated the rights of a holder. The rights stated in former Section 3-301 to transfer, negotiate, enforce, or discharge an instrument are stated in other sections of Article 3. In revised Article 3, Section 3-301 defines “person entitled to enforce” an instrument. The definition recognizes that enforcement is not limited to holders. The quoted phrase includes a person enforcing a lost or stolen instrument. Section 3-309. It also includes a person in possession of an instrument who is not a holder. A nonholder in possession of an instrument includes a person that acquired rights of a holder by subrogation or under Section 3-203(a). It also includes any other person who under applicable law is a successor to the holder or otherwise acquires the holder’s rights.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part III - Enforcement of Instruments › § 28:3–304. Overdue instrument

§ 28:3–304. Overdue instrument.
(a) An instrument payable on demand becomes overdue at the earliest of the following times:
(1) On the day after the day demand for payment is duly made;
(2) If the instrument is a check, 90 days after its date; or
(3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.
(b) With respect to an instrument payable at a definite time the following rules apply:
(1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.
(2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.
(3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.
(c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.
(Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-304.
Uniform Commercial Code Comment
1. To be a holder in due course, one must take without notice that an instrument is overdue. Section 3-302(a)(2)(iii). Section 3-304 replaces subsection (3) of former Section 3-304. For the sake of clarity it treats demand and time instruments separately. Subsection (a) applies to demand instruments. A check becomes stale after 90 days.
Under former Section 3-304(3)(c), a holder that took a demand note had notice that it was overdue if it was taken “more than a reasonable length time after its issue.“ In substitution for this test, subsection (a)(3) requires the trier of fact to look at both the circumstances of the particular case and the nature of the instrument and trade usage. Whether a demand note is stale may vary a great deal depending on the facts of the particular case.
2. Subsections (b) and (c) cover time instruments. They follow the distinction made under former Article 3 between defaults in payment of principal and interest. In subsection (b) installment instruments and single payment instruments are treated separately. If an installment is late, the instrument is overdue until the default is cured.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part III - Enforcement of Instruments › § 28:3–306. Claims to an instrument

§ 28:3–306. Claims to an instrument.
A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.
(Dec. 30, 1963, 77 Stat. 681, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-306.
1973 Ed., §§ 28:3-305, 28:3-306.
Section References
This section is referenced in § 28:3-302, § 28:3-305, and § 28:3-602.
Uniform Commercial Code Comment
This section expands on the reference to “claims to” the instrument mentioned in former Sections 3-305 and 3-306. Claims covered by the section include not only claims to ownership but also any other claim of a property or possessory right. It includes the claim to a lien or the claim of a person in rightful possession of an instrument who was wrongfully deprived of possession. Also included is a claim based on Section 3-202(b) for rescission of a negotiation of the instrument by the claimant. Claims to an instrument under Section 3-306 are different from claims in recoupment referred to in Section 3-305(a)(3).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part IV - Liability of Parties › § 28:3–401. Signature

§ 28:3–401. Signature.
(a) A person is not liable on an instrument unless (i) the person signed the instrument, or (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under section 28:3-402.
(b) A signature may be made (i) manually or by means of a device or machine, and (ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.
(Dec. 30, 1963, 77 Stat. 682, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-401.
1973 Ed., § 28:3-401.
Uniform Commercial Code Comment
1. Obligation on an instrument depends on a signature that is binding on the obligor. The signature may be made by the obligor personally or by an agent authorized to act for the obligor. Signature by agents is covered by Section 3-402. It is not necessary that the name of the obligor appear on the instrument, so long as there is a signature that binds the obligor. Signature includes an indorsement.
2. A signature may be handwritten, typed, printed or made in any other manner. It need not be subscribed, and may appear in the body of the instrument, as in the case of “I, John Doe, promise to pay * * *” without any other signature. It may be made by mark, or even by thumb-print. It may be made in any name, including any trade name or assumed name, however false and fictitious, which is adopted for the purpose. Parol evidence is admissible to identify the signer, and when the signer is identified the signature is effective. Indorsement in a name other than that of the indorser is governed by Section 3-204(d).
This section is not intended to affect any other law requiring a signature by mark to be witnessed, or any signature to be otherwise authenticated, or requiring any form of proof.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part IV - Liability of Parties › § 28:3–408. Drawee not liable on unaccepted draft

§ 28:3–408. Drawee not liable on unaccepted draft.
A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.
(Dec. 30, 1963, 77 Stat. 683, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-408.
1973 Ed., § 28:3-409.
Uniform Commercial Code Comment
1. This section is a restatement of former Section 3-409(1). Subsection (2) of former Section 3-409 is deleted as misleading and superfluous. Comment 3 says of subsection (2): “It is intended to make it clear that this section does not in any way affect any liability which may arise apart from the instrument.“ In reality subsection (2) did not make anything clear and was a source of confusion. If all it meant was that a bank that has not certified a check may engage in other conduct that might make it liable to a holder, it stated the obvious and was superfluous. Section 1-103 is adequate to cover those cases.
2. Liability with respect to drafts may arise under other law. For example, Section 4-302 imposes liability on a payor bank for late return of an item.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part IV - Liability of Parties › § 28:3–410. Acceptance varying draft

§ 28:3–410. Acceptance varying draft.
(a) If the terms of a drawee’s acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.
(b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.
(c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and endorser that does not expressly assent to the acceptance is discharged.
(Dec. 30, 1963, 77 Stat. 684, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-410.
1973 Ed., § 28:3-412.
Uniform Commercial Code Comment
1. This section is a restatement of former Section 3-412. It applies to conditional acceptances, acceptances for part of the amount, acceptances to pay at a different time from that required by the draft, or to the acceptance of less than all of the drawees. It applies to any other engagement changing the essential terms of the draft. If the drawee makes a varied acceptance the holder may either reject it or assent to it. The holder may reject by insisting on acceptance of the draft as presented. Refusal by the drawee to accept the draft as presented is dishonor. In that event the drawee is not bound by the varied acceptance and is entitled to have it canceled.
If the holder assents to the varied acceptance, the drawee’s obligation as acceptor is according to the terms of the varied acceptance. Under subsection (c) the effect of the holder’s assent is to discharge any drawer or indorser who does not also assent. The assent of the drawer or indorser must be affirmatively expressed. Mere failure to object within a reasonable time is not assent which will prevent the discharge.
2. Under subsection (b) an acceptance does not vary from the terms of the draft if it provides for payment at any particular bank or place in the United States unless the acceptance states that the draft is to be paid only at such bank or place.
Section 3-501(b)(1) states that if an instrument is payable at a bank in the United States presentment must be made at the place of payment ( Section 3-111) which in this case is at the designated bank.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part IV - Liability of Parties › § 28:3–412. Obligation of issuer of note or cashier’s check

§ 28:3–412. Obligation of issuer of note or cashier’s check.
The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the instrument (i) 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 (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections 28:3-115 and 28:3-407 . The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under section 28:3-415 .
(Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-412.
Uniform Commercial Code Comment
1. The obligations of the maker, acceptor, drawer, and indorser are stated in four separate sections. Section 3-412 states the obligation of the maker of a note and is consistent with former Section 3-413(1). Section 3-412 also applies to the issuer of a cashier’s check or other draft drawn on the drawer. Under former Section 3-118(a), since a cashier’s check or other draft drawn on the drawer was “effective as a note,” the drawer was liable under former Section 3-413(1) as a maker. Under Sections 3-103(a)(6) and 3-104(f) a cashier’s check or other draft drawn on the drawer is treated as a draft to reflect common commercial usage, but the liability of the drawer is stated by Section 3-412 as being the same as that of the maker of a note rather than that of the drawer of a draft. Thus, Section 3-412 does not in substance change former law.
2. Under Section 3-105(b) nonissuance of either a complete or incomplete instrument is a defense by a maker or drawer against a person that is not a holder in due course.
3. The obligation of the maker may be modified in the case of alteration if, under Section 3-406, the maker is precluded from asserting the alteration.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part IV - Liability of Parties › § 28:3–413. Obligation of acceptor

§ 28:3–413. Obligation of acceptor.
(a) The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable “as originally drawn” or equivalent terms, (ii) if the acceptance varies the terms of the draft, according to the terms of the draft as varied, or (iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in sections 28:3-115 and 28:3-407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under section 28:3-414 or 28:3-415.
(b) If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If (i) the certification or acceptance does not state an amount, (ii) the amount of the instrument is subsequently raised, and (iii) the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.
(Dec. 30, 1963, 77 Stat. 684, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-413.
1973 Ed., § 28:3-413.
Uniform Commercial Code Comment
Subsection (a) is consistent with former Section 3-413(1). Subsection (b) has primary importance with respect to certified checks. It protects the holder in due course of a certified check that was altered after certification and before negotiation to the holder in due course. A bank can avoid liability for the altered amount by stating on the check the amount the bank agrees to pay. The subsection applies to other accepted drafts as well.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 3 - Negotiable Instruments › Part V - Dishonor › § 28:3–503. Notice of dishonor

§ 28:3–503. Notice of dishonor.
(a) The obligation of an indorser stated in section 28:3-415(a) and the obligation of a drawer stated in section 28:3-414(d) may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under section 28:3-504(b).
(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c) Subject to section 28:3-504(c), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.
(Dec. 30, 1963, 77 Stat. 689, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
Prior Codifications
1981 Ed., § 28:3-503.
1973 Ed., § 28:3-508.
Section References
This section is referenced in § 28:3-415 and § 28:4-104.
Uniform Commercial Code Comment
1. Subsection (a) is consistent with former Section 3-501(2)(a), but notice of dishonor is no longer relevant to the liability of a drawer except for the case of a draft accepted by an acceptor other than a bank. Comments 2 and 4 to Section 3-414. There is no reason why drawers should be discharged on instruments they draw until payment or acceptance. They are entitled to have the instrument presented to the drawee and dishonored ( Section 3-414(b)) before they are liable to pay, but no notice of dishonor need be made to them as a condition of liability. Subsection (b), which states how notice of dishonor is given, is based on former Section 3-508(3).
2. Subsection (c) replaces former Section 3-508(2). It differs from that section in that it provides a 30-day period for a person other than a collecting bank to give notice of dishonor rather than the three-day period allowed in former Article 3. Delay in giving notice of dishonor may be excused under Section 3-504(c).