12 USC § 5004 - Substitute check warranties

---
identifier: "/us/usc/t12/s5004"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 5004 - Substitute check warranties"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "5004"
section_name: "Substitute check warranties"
chapter_number: 50
chapter_name: "CHECK TRUNCATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 108–100, § 5, Oct. 28, 2003, 117 Stat. 1181.)"
---


# § 5004. Substitute check warranties

A bank that transfers, presents, or returns a substitute check and receives consideration for the check warrants, as a matter of law, to the transferee, any subsequent collecting or returning bank, the depositary bank, the drawee, the drawer, the payee, the depositor, and any endorser (regardless of whether the warrantee receives the substitute check or another paper or electronic form of the substitute check or original check) that—

**(1)** the substitute check meets all the requirements for legal equivalence under section 5003(b) of this title; and

**(2)** no depositary bank, drawee, drawer, or endorser will receive presentment or return of the substitute check, the original check, or a copy or other paper or electronic version of the substitute check or original check such that the bank, drawee, drawer, or endorser will be asked to make a payment based on a check that the bank, drawee, drawer, or endorser has already paid.

---

**Source Credit**: (Pub. L. 108–100, § 5, Oct. 28, 2003, 117 Stat. 1181.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective at the end of the 12-month period beginning on , see , set out as a note under .