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Freese v. Regions Bank NA

O.C.G.A. § 11-4-103 a allows parties to a contract of deposit to change O.C.G.A. § 11-4-406 f's notice provision from 60 to 30 days, the parties did so in their customer agreement and the appellant failed to give notice to the bank of certain fraudulent checks drawn on the appellant's corporate account within the required 30-day period.

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Harry Freese appeals the grant of summary judgment to Regions Bank Regions after the bank refused to reimburse him for certain fraudulent checks drawn on Freese’s corporate account because Freese failed to give notice within the 30-day period provided for in the Customer Agreement. Because the trial court correctly held that OCGA § 11-4-103 a allows the parties to change the provision in OCGA § 11-4-406 f from 60 to 30 days without regard to lack of due care by either party, we affirm. The record shows that in April 2003, Freese opened a corporate checking account with Regions Bank, signed a signature card, and, per its terms, acknowledged that he agreed to the conditions of the Customer Agreement. The Customer Agreement held in pertinent part that, “the statement shall be conclusively deemed to be correct unless we are notified by you in writing within thirty 30 days after the closing date of the statement.”

In October 2003, Freese apparently timely notified the bank that several checks on the statement ending September 30, 2003, were fraudulent. Regions reimbursed Freese’s account for those checks. In November, Freese discovered several other unauthorized checks on the September statement, but Regions refused to reimburse him for those checks, which totaled $59,890.96, because Freese did not notify the bank that he disputed them until after the 30-day notice period.

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