Common use of Legal Processes Affecting Accounts Clause in Contracts

Legal Processes Affecting Accounts. If legal action such as a garnishment, subpoena, government agency request for information, restraining order, writ of attachment or execution, levy, search warrant, forfeiture or similar order or other state or federal legal process ("Legal Process") is brought against your Account, regardless of the jurisdiction of the issuing authority or the location of the Bank at which the legal action is received, Bank may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, Bank has first claim to any and all funds in your Account for your liability under this Agreement. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Account or in any way restricted access to your funds in accordance with the Legal Process. If you believe your funds are exempt from the Legal Process, or otherwise should not be subject to the Legal Process (for example, if you own funds and the legal action applies to another joint owner, you believe the court, garnishor, or levying authority lacks jurisdiction over you or the property, or you believe the garnishment or levy names the wrong party as garnishee), you agree that it is your responsibility to raise any defense to the Legal Process against the party who originated the Legal Process, and you agree that we have no obligation to do so. Bank will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as Bank determines to be appropriate in the circumstances, even if any funds Bank may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to Bank. You agree that you are responsible for any expenses, including, without limitation, attorneys’ fees and our internal expenses, legal expenses and fees Bank incurs due to any Legal Process on your Account. Bank may charge these expenses to your Account. You will indemnify Bank for any losses if it does this. Unless expressly prohibited by law, we will charge your account a fee for each Legal Process received, regardless of whether the action is subsequently revoked, vacated or released.

Appears in 3 contracts

Samples: Deposit Account Agreement and Cardholder Agreement, Deposit Account Agreement and Cardholder Agreement, Deposit Account Agreement and Cardholder Agreement

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Legal Processes Affecting Accounts. If legal action such as a garnishment, subpoena, government agency request for information, restraining order, writ of attachment or execution, levy, search warrant, forfeiture or similar order levy or other state or federal legal process ("Legal Process") is brought against your AccountVaro Products (as applicable), regardless of the jurisdiction of the issuing authority or the location of the Bank at which the legal action is received, Bank we may refuse to permit (or may limit) withdrawals or transfers from your Account Varo Products (as applicable) until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, Bank has we have first claim to any and all funds in your Account for your liability under this AgreementVaro Products (as applicable). In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Account or in any way restricted access to your funds in accordance with the Legal Process. If you believe your funds are exempt from the Legal Process, or otherwise should not be subject to the Legal Process (for example, if you own funds and the legal action applies to another joint owner, you believe the court, garnishor, or levying authority lacks jurisdiction over you or the property, or you believe the garnishment or levy names the wrong party as garnishee), you agree that it is your responsibility to raise any defense to the Legal Process against the party who originated the Legal Process, and you agree that we have no obligation to do so. Bank We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as Bank determines we determine to be appropriate in the circumstancescircumstances without liability to you, even if any funds Bank we may be required to pay out leaves leave insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to Bankus. You agree that you are responsible for any expenses, including, without limitation, attorneys’ fees and our internal expenses, including legal expenses and fees Bank incurs we incur due to any Legal Process on your AccountVaro Products (as applicable). Bank We may charge these expenses to any of your AccountVaro Products (as applicable). You will indemnify Bank us for any losses if it does we do this. Unless expressly prohibited Procedures are in effect that may impact you when you use any cards issued to you by lawVaro at certain merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either Shazam or Interlink transactions. If we will charge receive any subpoena, court order or request for information or documents from a government entity or arbitration panel relating to your account a fee for each Legal Process receivedaccount, regardless of you agree that we are authorized to comply with it and have no obligation to determine whether the action is subsequently revokedit was validly issued or enforceable, vacated or releasednor do we have to contest it.

Appears in 2 contracts

Samples: General Terms Agreement, General Terms Agreement

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Legal Processes Affecting Accounts. If legal action such as Utoppia, Synapse, and/or Partner Financial Institution are served with a garnishment, subpoena, government agency request for information, restraining order, writ of attachment or execution, levy, garnishment, search warrant, forfeiture or similar order or other state or federal legal process relating to your Account ("Legal Process") is brought against your Accounttermed “legal action” in this section), regardless of the jurisdiction of the issuing authority, Utoppia, Synapse, and/or Partner Financial Institution may rely on the representations made in the legal action and comply with the legal action, regardless of the jurisdiction of the issuing authority or the location of the Bank at which the legal action is received, Bank may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, Bank has first claim to any and all funds in your Account for your liability under this Agreement. In these cases, we Utoppia, Synapse, and/or Partner Financial Institution will not have any liability to you if there are insufficient funds to pay your items because we have Partner Financial Institution has withdrawn funds from your Account after such funds are received by the Partner Financial Institution pursuant to the cash management services, or in any way restricted access to your funds in accordance with the Legal Processlegal action. If you believe your funds are exempt from the Legal Processlegal action, or otherwise should not be subject to the Legal Process legal action (for example, if you own funds and the legal action applies to another joint owner, you believe the court, garnishorgarnisher, or levying authority lacks jurisdiction over you or the property, or you believe the garnishment or levy names the wrong party as garnishee), you agree that it is your responsibility to raise any defense to the Legal Process legal action against the party who originated the Legal Processlegal action, and you agree that we have no obligation to do so. Bank will not contest on your behalf Any fees or expenses Utoppia, Synapse, and/or Partner Financial Institution incur in responding to any such Legal Process and may take legal action to comply with such Legal Process as Bank determines to be appropriate in the circumstances, even if any funds Bank may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to Bank. You agree that you are responsible for any expenses, (including, without limitation, attorneys’ fees and our internal expenses, legal expenses and fees Bank incurs due to any Legal Process on ) may be charged against your Account. Bank may charge these expenses to your Account. You will indemnify Bank for any losses if it does this. Unless expressly prohibited by law, we will we, Synapse, and/or Partner Financial Institution may charge your account Account a fee for each Legal Process legal action received, regardless of whether the action is subsequently revoked, vacated or released.

Appears in 1 contract

Samples: General Terms of Service

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