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HomeCommercial CodeDiv. 3Ch. 1§ 3115 Incomplete Instrument Enforcement

§ 3115 Incomplete Instrument Enforcement

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3115 Incomplete Instrument Enforcement

Key Takeaways

  • •An 'incomplete instrument' is a signed paper that is missing some words or numbers but was meant to be filled in later.
  • •If the paper is already a legal document, it can be used as-is or after it’s filled in properly.
  • •If someone fills in the missing parts without permission, it’s like changing the document illegally.
  • •The person who says the document was changed without permission has to prove it.

Example

You sign a blank check for your friend to fill in the amount later, but they write in $1000 instead of the $50 you agreed on.

The check was an incomplete instrument, and your friend changed it without your permission. You have to prove they did this if you want to stop them from cashing it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3115 Incomplete Instrument Enforcement

(a) ‛Incomplete instrument‛ means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers. (b) Subject to subdivision (c), if an incomplete instrument is an instrument under Section 3104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under Section 3104, but, after completion, the requirements of Section 3104 are met, the instrument may be enforced according to its terms as augmented by completion. (c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under Section 3407. (d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

incomplete instrumentSection 3104Section 3407alterationburden of establishing

Related Statutes

  • § 3407 Fraudulent Instrument Alterations
  • § 10101 Uniform Commercial Code Leases
  • § 10102 Hybrid Lease Application
  • § 10103 Buyer In Ordinary Course Definition
  • § 10104 Lease Title And Consumer Law

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3115.
View Official Source