{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.3A-310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.3A-310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.3A-310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.3A-310.html"}],"law_id":378125,"edition_id":2,"section_id":378125,"structure_id":53733,"section_number":"8.3A-310","catch_line":"Effect of instrument on obligation for which taken","history":"1964, c. 219, \u00a7 8.3-802; 1992, c. 693.","full_text":"a\n\nUnless otherwise agreed, if a certified check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an endorser of the instrument.\n\nb\n\nUnless otherwise agreed and except as provided in subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:\n\n1\n\nIn the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.\n\n2\n\nIn the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.\n\n3\n\nExcept as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.\n\n4\n\nIf the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee’s rights against the obligor are limited to enforcement of the instrument.\n\nc\n\nIf an instrument other than one described in subsection (a) or (b) is taken for an obligation, the effect is (i) that stated in subsection (a) if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) in any other case.\n\n","order_by":null,"text":{"0":{"id":1410554,"text":"Unless otherwise agreed, if a certified check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an endorser of the instrument.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":1410555,"text":"Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":1410556,"text":"In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"3":{"id":1410557,"text":"In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"4":{"id":1410558,"text":"Except as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"b4"},"5":{"id":1410559,"text":"If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee’s rights against the obligor are limited to enforcement of the instrument.","type":"section","prefixes":["b","4"],"prefix":"4","entire_prefix":"b4","prefix_anchor":"b4","level":2,"prior_prefix":"b3","next_prefix":"c"},"6":{"id":1410560,"text":"If an instrument other than one described in subsection (a) or (b) is taken for an obligation, the effect is (i) that stated in subsection (a) if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) in any other case.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b4"}},"ancestry":[{"id":53733,"edition_id":2,"name":"Enforcement of Instruments","identifier":"3","label":"part","depth":2,"order_by":3,"parent_id":53730,"metadata":{"child_laws":12,"child_structures":0},"date_created":"2026-08-02 03:21:23","date_modified":"2026-08-02 12:28:31","permalink":{"id":1509821,"object_type":"structure","relational_id":53733,"identifier":"3","token":"8.3A\/3","url":"\/8.3A\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53730,"edition_id":2,"name":"Commercial Code \u2014 Negotiable Instruments","identifier":"8.3A","label":"title","depth":1,"order_by":19,"parent_id":null,"metadata":{"child_laws":69,"child_structures":6},"date_created":"2026-08-02 03:21:19","date_modified":"2026-08-02 12:28:31","permalink":{"id":1509707,"object_type":"structure","relational_id":53730,"identifier":"8.3A","token":"8.3A","url":"\/8.3A\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378116,"structure_id":53733,"section_number":"8.3A-301","catch_line":"Person entitled to enforce instrument","url":"\/8.3A-301\/","token":"8.3A\/3\/8.3A-301","metadata":false},{"id":378117,"structure_id":53733,"section_number":"8.3A-302","catch_line":"Holder in due course","url":"\/8.3A-302\/","token":"8.3A\/3\/8.3A-302","metadata":{"court_decisions":{"0":{"name":"Resolution Trust Corp. v. Maplewood Investments","case_number":"Nos. 93-1301, 93-1346","citation":"31 F.3d 1276","date":"1994-07-28","url":"https:\/\/www.courtlistener.com\/opinion\/7029763\/resolution-trust-corp-v-maplewood-investments\/","abstract":" .\u202f.\u202f. Reversed and remanded by published opinion. Senior Judge KAUFMAN wrote the majority opinion, in .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"1":{"name":" .\u202f.\u202f. Resolution Trust Corporation, as Conservator for .\u202f.\u202f. ","case_number":"93-1301","citation":"31 F.3d 1276","date":"1994-07-28","url":"https:\/\/www.courtlistener.com\/opinion\/676041\/resolution-trust-corporation-as-conservator-for-commonwealth-federal\/","abstract":" .\u202f.\u202f. 31 F.3d 1276 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"2":{"name":" .\u202f.\u202f. Apartment Investment & Management Co. v. National Loan .\u202f.\u202f. ","case_number":"Record 982474; Record 982475","citation":"258 Va. 322","date":"1999-09-17","url":"https:\/\/www.courtlistener.com\/opinion\/1059737\/apartment-investment-management-co-v-national-loan-investors\/","abstract":" .\u202f.\u202f. JUSTICE KEENAN .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":"United States v. Royston","case_number":"5:01CR30042","citation":"184 F. Supp. 2d 517","date":"2002-01-30","url":"https:\/\/www.courtlistener.com\/opinion\/2470478\/united-states-v-royston\/","abstract":" .\u202f.\u202f. 184 F.Supp.2d 517 (2002) .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"}}}},{"id":378118,"structure_id":53733,"section_number":"8.3A-303","catch_line":"Value and consideration","url":"\/8.3A-303\/","token":"8.3A\/3\/8.3A-303","metadata":false},{"id":378119,"structure_id":53733,"section_number":"8.3A-304","catch_line":"Overdue instrument","url":"\/8.3A-304\/","token":"8.3A\/3\/8.3A-304","metadata":false},{"id":378120,"structure_id":53733,"section_number":"8.3A-305","catch_line":"Defenses and claims in recoupment","url":"\/8.3A-305\/","token":"8.3A\/3\/8.3A-305","metadata":false},{"id":378121,"structure_id":53733,"section_number":"8.3A-306","catch_line":"Claims to an instrument","url":"\/8.3A-306\/","token":"8.3A\/3\/8.3A-306","metadata":false},{"id":378122,"structure_id":53733,"section_number":"8.3A-307","catch_line":"Notice of breach of fiduciary duty","url":"\/8.3A-307\/","token":"8.3A\/3\/8.3A-307","metadata":false},{"id":378123,"structure_id":53733,"section_number":"8.3A-308","catch_line":"Proof of signatures and status as holder in due course","url":"\/8.3A-308\/","token":"8.3A\/3\/8.3A-308","metadata":false},{"id":378124,"structure_id":53733,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","url":"\/8.3A-309\/","token":"8.3A\/3\/8.3A-309","metadata":false},{"id":378125,"structure_id":53733,"section_number":"8.3A-310","catch_line":"Effect of instrument on obligation for which taken","url":"\/8.3A-310\/","token":"8.3A\/3\/8.3A-310","metadata":false},{"id":378126,"structure_id":53733,"section_number":"8.3A-311","catch_line":"Accord and satisfaction by use of instrument","url":"\/8.3A-311\/","token":"8.3A\/3\/8.3A-311","metadata":false},{"id":378127,"structure_id":53733,"section_number":"8.3A-312","catch_line":"Lost, destroyed, or stolen cashier's check, teller's check, or certified check","url":"\/8.3A-312\/","token":"8.3A\/3\/8.3A-312","metadata":false}],"previous_section":{"id":378124,"structure_id":53733,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","url":"\/8.3A-309\/","token":"8.3A\/3\/8.3A-309","metadata":false},"next_section":{"id":378126,"structure_id":53733,"section_number":"8.3A-311","catch_line":"Accord and satisfaction by use of instrument","url":"\/8.3A-311\/","token":"8.3A\/3\/8.3A-311","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-310\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1992, chapter 693.<\/p>","references":[{"id":377963,"section_number":"8.2-511","catch_line":"Tender of payment by buyer; payment by check","order_by":null,"url":"\/8.2-511\/"}],"refers_to":false,"permalink":{"id":1509859,"object_type":"law","relational_id":378125,"identifier":"8.3A-310","token":"8.3A\/3\/8.3A-310","url":"\/8.3A-310\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.3A-310\/","token":"8.3A\/3\/8.3A-310","dublin_core":{"Title":"Effect of instrument on obligation for which taken","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Unless otherwise agreed, if a certified check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an endorser of the instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Except as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession<\/span> of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee’s rights against the obligor are limited to enforcement of the instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> If an instrument other than one described in subsection (a) or (b) is taken for an obligation, the effect is (i) that stated in subsection (a) if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) in any other case. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN (\u00a7 8.3A-310)\n\na. Unless otherwise agreed, if a certified check, cashier’s check, or\nteller’s check is taken for an obligation, the obligation is discharged to\nthe same extent discharge would result if an amount of money equal to the amount\nof the instrument were taken in payment of the obligation. Discharge of the\nobligation does not affect any liability that the obligor may have as an\nendorser of the instrument.\n\nb. Unless otherwise agreed and except as provided in subsection (a), if a note\nor an uncertified check is taken for an obligation, the obligation is suspended\nto the same extent the obligation would be discharged if an amount of money\nequal to the amount of the instrument were taken, and the following rules apply:\n\n 1. In the case of an uncertified check, suspension of the obligation continues\n until dishonor of the check or until it is paid or certified. Payment or\n certification of the check results in discharge of the obligation to the\n extent of the amount of the check.\n\n 2. In the case of a note, suspension of the obligation continues until\n dishonor of the note or until it is paid. Payment of the note results in\n discharge of the obligation to the extent of the payment.\n\n 3. Except as provided in paragraph (4), if the check or note is dishonored and\n the obligee of the obligation for which the instrument was taken is the person\n entitled to enforce the instrument, the obligee may enforce either the\n instrument or the obligation. In the case of an instrument of a third person\n which is negotiated to the obligee by the obligor, discharge of the obligor on\n the instrument also discharges the obligation.\n\n 4. If the person entitled to enforce the instrument taken for an obligation is\n a person other than the obligee, the obligee may not enforce the obligation to\n the extent the obligation is suspended. If the obligee is the person entitled\n to enforce the instrument but no longer has possession of it because it was\n lost, stolen, or destroyed, the obligation may not be enforced to the extent\n of the amount payable on the instrument, and to that extent the\n obligee’s rights against the obligor are limited to enforcement of the\n instrument.\n\nc. If an instrument other than one described in subsection (a) or (b) is taken\nfor an obligation, the effect is (i) that stated in subsection (a) if the\ninstrument is one on which a bank is liable as maker or acceptor, or (ii) that\nstated in subsection (b) in any other case.\n\nHISTORY: 1964, c. 219, \u00a7 8.3-802; 1992, c. 693.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}