Waiver of Demand

Written By
Paul Tracy
Updated November 4, 2020

What is a Waiver of Demand?

Under a waiver of demand, a payee assumes responsibility for a check or bank draft that he or she endorses.

How Does a Waiver of Demand Work?

Sometimes, the bank account a check or bank draft is drawn against does not contain the funds necessary to cover the payment amount. When a payee endorses a check or bank draft, a waiver of demand is consummated. This means that if the writer of the check does not have enough money in his/her account to cover the check, the payee assumes liability for the overdraft.

For example, suppose Bob has a check from Jack for $50. Bob executes a waiver of demand by signing the back of the check. This means that if Jack has less than $50 in his checking account, Bob is responsible for the check bouncing.

Why Does a Waiver of Demand Matter?

A waiver of demand can be written or oral. It acknowledges that the account backing a check or bank draft is only as good as the payee's faith in the payer who issued it. Banks typically charge a substantial penalty to the payee's account if a check or bank draft fails to clear.

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