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84-3-304. 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.

History: L. 1991, ch. 296, § 30; February 1, 1992.

Revisor's Note:

Former section 84-3-304 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.


This section is identical to the 1995 Official Text. It is derived from some of the provisions of the former 84-3-304. Other provisions of the former section have been moved to 84-3-302 and 84-3-307. Historical case and statutory references may be obtained from the 1965 or 1983 bound Volume 7 of the Kansas Statutes Annotated.

The provisions regarding at what point an instrument is overdue are nearly the same as they were under the former provisions of 84-3-304 dealing with that issue. One major change is extending the life of a check to 90 days. (It was 30 days.) The drafters retained the distinction between late payments of principal on an installment note, providing the note is overdue until the default is cured (paragraph (b)(1)), and the late payments of interest, which does not cause the note to be overdue (subsection (c)).


1. Whether previously filed but undiscovered financing statement acts as notice to assignee for 84-9-206 waiver provision purposes examined. Benedictine College v. Century Office Products, 853 F.Supp. 1315, 1321 (1994).

2. Insurers involved in underwriting losses from lost or stolen checks were not debt collectors under FDCPA (15 U.S.C.A. § 1692 et seq.). Stark v. Hasty, 236 F.Supp.2d 1214, 1215 (2002).

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