§ 41-04.1-33 — (4A-502) Creditor process served on receiving bank - Setoff by beneficiary's bank

North Dakota § 41-04.1-33

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-04.1: Funds Transfers

Text

beneficiary's bank.
1. 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.
2. This subsection applies to a 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.
3. If a beneficiary's bank has received a payment order for payment to the beneficiary's
account in the bank, the following rules apply:
a. 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.
b. 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.
c. 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.
4. 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.