Consumer Banking and Payments Law: 3.5.3.5.2 Notice that the check is overdue or has been dishonored
To be a holder in due course, the holder of a check has to take the check “(iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series”192 If a holder of a check takes the check ninety days or more after its date, the holder cannot be a holder in due course.