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336.4A-502 CREDITOR PROCESS SERVED ON RECEIVING BANK; SETOFF BY
BENEFICIARY'S BANK.
(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice
of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant
with respect to an account.
(b) This subsection applies to creditor process with respect to an authorized account of
the sender of a payment order if the creditor process is served on the receiving bank. For the
purpose of determining rights with respect to the creditor process, if the receiving bank accepts
the payment order the balance in the authorized account is deemed to be reduced by the amount
of the payment order to the extent the bank did not otherwise receive payment of the order,
unless the creditor process is served at a time and in a manner affording the bank a reasonable
opportunity to act on it before the bank accepts the payment order.
(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's
account in the bank, the following rules apply:
(1) The bank may credit the beneficiary's account. The amount credited may be set off
against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor
process served on the bank with respect to the account.
(2) The bank may credit the beneficiary's account and allow withdrawal of the amount
credited unless creditor process with respect to the account is served at a time and in a manner
affording the bank a reasonable opportunity to act to prevent withdrawal.
(3) If creditor process with respect to the beneficiary's account has been served and the bank
has had a reasonable opportunity to act on it, the bank may not reject the payment order except for
a reason unrelated to the service of process.
(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant
to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed
by that bank to the beneficiary. Any other bank served with the creditor process is not obliged
to act with respect to the process.
History: 1990 c 582 art 1 s 33