§ 11502 Creditor Process On Payment Orders

This law explains how banks handle money when someone tries to take it to pay a debt. It says when and how a bank can stop or allow money transfers if a creditor is trying to collect.

Key Takeaways

•If a creditor tries to take your money, the bank can only stop payments if they get the order in time.
•Once the bank puts money in your account, they might let you use it unless the creditor's order comes fast enough.
•Banks don’t have to do anything if the creditor’s order goes to the wrong bank.

Example

You owe someone money, and they try to take it from your bank account.

If the bank gets the order to take your money before they process a payment you're receiving, they might stop that payment. If they process the payment first, the money might already be in your account before the creditor can take it.

(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 subdivision 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. (Added by Stats. 1990, Ch. 125, Sec. 2.)

This law explains how banks handle money when someone tries to take it to pay a debt. It says when and how a bank can stop or allow money transfers if a creditor is trying to collect.

Key Takeaways

•If a creditor tries to take your money, the bank can only stop payments if they get the order in time.
•Once the bank puts money in your account, they might let you use it unless the creditor's order comes fast enough.
•Banks don’t have to do anything if the creditor’s order goes to the wrong bank.

Example

You owe someone money, and they try to take it from your bank account.

Key Takeaways

Example

Key Terms

References

§ 11502 Creditor Process On Payment Orders

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References