Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid or we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court costs.
Appears in 7 contracts
Samples: Membership and Account Agreement, Membership and Account Agreement, Business Membership and Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft If on any day, the available funds in your Checking Account are not sufficient to cover checks, Debit Card transactions, fees or other item drawn against items posted to your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item account, those amounts will be handled in accordance with the terms of any written our overdraft plan that procedures or an overdraft protection source you have established with us. • Pay The Credit Union’s determination of insufficient available funds may be made at the draft or item Credit Union’s sole discretion any time between presentation and create an overdraft to your account. Any negative balance on your the Credit Union’s midnight deadline with only one review of the account is immediately due and payable, unless we agree otherwise in writingrequired. We may place a hold on balances in any other account you have with us until the overdraft is paid or we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation are not required to notify you before we decide if your Checking Account does not have available funds to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts cover checks, fees or other transfers posted items. Whether the item is paid as a courtesy or payment orders that are drawn against insufficient funds may returned, your account will be subject to a service charge fee as set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions Except as otherwise agreed in writing, we, by covering any overdraft, do not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds cover overdrafts in the account, it future. We may be returned unpaid a second discontinue covering overdrafts at any time with a fee assessed on the same item a second timewithout notice. If we pay a draft check or item against insufficient available funds or an overdraft is impose a fee that would otherwise created on the overdraw your account, you agree to pay the overdrawn amount and any overdraft assessed fees immediately. You agree We reserve the right to reimburse us for the cost and expenses we incur in recovering the overdraft from youpursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. PLEASE NOTE THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT AVAILABLE FUNDS TO COVER A TRANSACTION YOU WANT TO MAKE. Your Available Balance does not reflect your outstanding checks, automatic bill payments, or any other outstanding transactions that have not been paid from your account. These items will not be reflected in your Available Balance until presented to us and paid from your account. Holds on deposits may not be reflected, as described in our reasonable attorney’s Funds Availability Disclosure. In addition, your Available Balance may not reflect all of your pending Debit Card or ATM card transactions. For example, if a merchant obtains an authorization but does not submit the Debit Card transaction for payment within three (3) business days after the authorization is given, we may increase your Available Balance by the amount of that authorization. This means your Available Balance will no longer reflect the pending transaction until the transaction has been received by us and posted to your account. Although clearing times for Debit Card transactions range from 0-5 days, merchants choose the system by which they process their transactions and how frequently they do so (often a decision based on the lowest cost to them). The Credit Union has no control over how and when transactions are presented to us to be paid. Even though we may increase your Available Balance when a merchant does not submit the transaction for payment within 3 business days, the obligation to the merchant still applies. The time period for authorizations may be different for certain types of merchants. NOTE: Holds placed on your account balance for pending Debit Card/electronic transactions, including gasoline, hotels, car rentals, etc., may reduce your Available Balance for an amount that may vary from the actual purchase amount, which may or may not be presented for payment. These same holds also reduce the available funds for subsequent purchases. Failing to account for outstanding items may cause your account to become overdrawn and fees and court costsassessed.
Appears in 6 contracts
Samples: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement
Overdraft Liability. The following actions Your account is considered overdrawn when the account ledger balance is negative. This may be taken by occur when items are presented to us if we receive a draft or other item drawn against your account for payment and there are insufficient you do not have sufficient funds based on the available balance in your account to cover the draft item, and we make the decision to pay the item. Any such decision is at our discretion. Your account also may become overdrawn if you do not have sufficient funds to cover account maintenance fees, service fees or item: • Cover the draft or item in accordance with the terms of returned items. You are liable to us to repay any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to on your account. Any negative balance If there is more than one person authorized to sign on your account, you, as owner of the account, or, when there is more than one owner, each owner of the account, jointly and severally, is liable to us for any overdraft on the account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account associated interest or fees whether you have with us until signed or initiated the item that created the overdraft is paid or we may set-off not and whether you benefited from the amount proceeds of the item creating the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable lawor not. • Return the draft BY OPENING AN ACCOUNT WITH US YOU WAIVE ANY PROVISION OF STATE LAW TO THE CONTRARY. The fact that we allow one or item unpaid. We may, at our option more overdrafts on an account shall not obligate us to allow another overdraft or to increase an existing overdraft and we shall not be liable for not allowing or increasing overdrafts without notice to you, refuse to pay any draft or item if it would create an overdraft, you even though we may have previously established done so. Please see "Items Presented Against Insufficient, Unavailable or Uncollected Funds" section. You may be charged a pattern per-item overdraft fee, interest on the daily amount of honoring any overdraft on your account, or a combination thereof. Debits for which overdraft fees can be assessed include any transaction presented for payment against an account (such drafts as checks, ACH transactions, online or mobile payments, and returned deposited items). We do not assess a per-item overdraft fee for an ATM or debit card transaction. Overdraft fees are not assessed on our fees and charges if the fees and charges create or increase an overdraft. Our waiver or reversal of an overdraft fee does not obligate us to waive or reverse such a fee in the future. You can avoid fees for overdrafts and returned items by making sure that your account ledger balance is sufficient to cover all of your outstanding transactions. We recommend that you enroll in one of the optional overdraft protection plans: Personal Savings Overdraft Service, Personal Overdraft Line of Credit, Personal Overdraft Sweep Service, Business Overdraft Line of Credit, or Commercial Credit Sweep Service. Information on our overdraft protection plans is available in the Personal Options: Overdraft Protection and Business Options: Overdraft Protection documents. These plans can help you avoid overdrafts and returned items. We have no obligation to notify While there are fees when you before we decide to either pay a draft or item that creates use an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds protection plan, they may be subject to a service charge set forth in less expensive than the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit fees for overdrafts and returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court costsitems.
Appears in 3 contracts
Samples: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other debit transactions posted to your account, those checks and debit transactions will be handled in accordance with our overdraft procedures or the terms of any written overdraft protection plan that you have established with us. • Pay The Credit Union’s determination of an insufficient account balance may be made at any time between presentation and the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have Credit Union’s midnight deadline with us until the overdraft is paid or we may set-off the amount only one review of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable lawaccount required. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have The Credit Union has no obligation duty to notify you before we decide to either pay a draft or item that creates of an insufficient funds check. If an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may occurs your account will then be subject to a service non-sufficient funds (NSF) charge for the check or other debit transaction, whether paid or returned, as set forth in the Rate and Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions We may charge an NSF fee each time a check or other debit transaction is presented for payment, therefore you may be assessed more than one fee as a result of resubmission of previously returned checks or other debit transactions. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timescover overdrafts in the future and may discontinue covering overdrafts at any time. If the same draft Credit Union pays a check or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is transaction that would otherwise created on the overdraw your account, you agree to pay any the overdraft amount immediately. You agree We reserve the right to reimburse us for pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond the cost midnight deadline limits. If your account is overdrawn and expenses we incur find that funds are available in recovering the overdraft from another account owned by you, including our reasonable attorney’s fees we may transfer the funds to resolve the negative balance amount and court costsmay charge you a fee as disclosed on the Rate and Fee Schedule.
Appears in 3 contracts
Samples: Membership and Accounts Agreement, Membership and Accounts Agreement, Membership and Accounts Agreement
Overdraft Liability. The following actions may be taken You agree to maintain sufficient available funds in your Account at all times to pay any withdrawal order item (whether by us if we receive a draft check or other electronic funds transfer, including debit card transactions and Automated Clearing House transactions) presented for payment or settlement against the applicable Account. We are under no obligation to pay any order or item drawn against your account and there are insufficient funds based on (i) the amount of which exceeds the available balance in your account Account at the time the item is presented for payment or settlement against the applicable Account, or (ii) that would exceed limitations imposed upon the applicable Account under our policies and procedures, or under applicable law. In the event that we do pay any such item, we have not waived our right to cover the draft or dishonor any subsequent item presented. If we do pay an item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid or we may set-off the amount of which exceeds the overdraft against available balance in the Account upon which it is drawn, or if any of item deposited to your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option Account is subsequently returned and without notice charged back to you, refuse to pay any draft or item if it would create your Account creating an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay us immediately the amount by which that Account is overdrawn together with any applicable fees that we may assess. You also authorize us to deduct any overdraft immediatelyfrom your next deposit (including a direct deposit of social security or other government benefits), to withhold or to transfer funds from any other Account to which you are a Party, in amounts sufficient to cover overdraft and any applicable fees, or to use any other collection remedy available to us by law. Each Party to any of your Account will be jointly liable for overdrafts caused by any other Party to the Account. We determine whether your Account is overdrawn based on the “available balance” as calculated at the time each item is presented for payment or settlement against the applicable Account. The available Account balance may be different than the actual Account balance because the available balance reflects funds that are already allocated for another item, for example a pending transaction that has not yet cleared your Account. You agree may incur overdraft or non-sufficient funds fees if your available balance is not sufficient to reimburse us pay an item when presented for payment or settlement against the cost applicable Account. In connection with debit card transactions, we calculate your available balance both at the time the merchant presents the transaction for authorization and expenses again when the merchant presents the transaction for settlement. After authorization of a debit transaction, your available balance will be reduced if a subsequent item is presented for payment, authorization, or settlement. We are under no obligation to pay any debit transaction if the amount of the transaction exceeds the available balance in your Account at the time the transaction is presented for authorization or when the transaction presented for settlement against the applicable Account. In connection with a debit transaction, you may incur overdraft or non-sufficient funds fees if your available balance is not sufficient to pay a debit transaction in full when the transaction is presented for settlement or if you have a negative balance at the time the transaction is presented for settlement. Overdraft or non-sufficient funds fees may be charged regardless of whether there was a sufficient available balance to pay the debit transaction when merchant presented the transaction for authorization, whether we incur authorized the debit transaction and whether we placed funds on hold pending settlement of the transaction. If the available balance is not sufficient at the time a debit transaction is presented for settlement or you have a negative balance at the time a debit transaction is presented for settlement, an overdraft fee will be charged for that transaction, and also for each subsequent item presented for payment or settlement, until you resolve all overdrafts in recovering your account and the overdraft from youavailable balance is sufficient to cover the dollar amount of any item presented for payment, including our reasonable attorney’s fees authorization and court costssettlement against the applicable Account. To avoid fees, you must closely record and track all of your item(s) so that you have sufficient available balance at all times. Please be aware that holds placed on your Account for pending electronic funds transfer transactions, such as hotel or rental car deposits, reduce your available balance and may cause your Account to become overdrawn.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
Overdraft Liability. If, on any day, the available funds in your checking account are not sufficient to cover checks and other items posted to your account, those checks and items will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The following actions Credit Union’s determination of an insufficient account balance is made at the time the check or item is presented to us, which may be taken by us if we receive later during the day or a draft or other item drawn against your account and there are insufficient funds different day than the time you conduct the transaction. Overdrafts will be determined based on the available balance in your account at the time the item is presented to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that us for payment. Your available balance may be lower than your actual balance if your account has funds held for pending debit card transactions you have established with us. • Pay the draft authorized, pending ACH or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account direct deposits that are not yet available for withdrawal or if you have with us until the overdraft is paid or we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders deposited checks that are drawn against insufficient held pursuant to our funds may availability policy. Your account will then be subject to a service charge for the item whether paid or returned as set forth in the Deposit Rate Sheet and Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions The credit union has no duty to reinitiate/resubmit an ACH debit returned due notify you of any overdraft or if your account balance becomes negative. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to NSF or uncollected funds up to two timescover overdrafts in the future and may discontinue covering overdrafts at any time. If the same draft Credit Union pays a check or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is that would otherwise created on the overdraw your account, you agree to pay any the overdraft amount immediately. You agree We reserve the right to reimburse us for the cost and expenses we incur in recovering the overdraft from youpursue collection of previously dishonored items at any time, including our reasonable attorney’s fees and court costsgiving a payor bank extra time beyond any midnight deadline limits.
Appears in 2 contracts
Samples: Membership & Account Agreement, Business Membership & Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other items posted to your account, those checks and items will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you have established with us. • Pay The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the draft Credit Union's payment of item with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the Rate Addendum and Schedule of Fees and Charges. Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays an item and create an overdraft to that would otherwise overdraw your account. Any negative balance on your account is immediately due and payable, unless we you agree otherwise in writingto pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time. Order of Payments. Checks, drafts, items and other transactions may place a hold on balances not be processed in any other account the order that you have with us until make them or in the overdraft is paid or order that we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidreceive them. We may, at our option discretion, pay a check or item and without notice execute other transactions on your account in any order we choose. The order in which we process checks and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to you, refuse your account. Please contact us if you have questions about how we pay checks and process transfers and withdrawals. Postdated and Stale dated Items. You authorize us to accept and pay any draft or item if it would create an overdraftcheck, even though we may have previously established a pattern of honoring such drafts if the check is presented for payment before its date. You also agree not to deposit checks, drafts, or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item check drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any check drawn against insufficient available fundsupon your checking account. Drafts You must request a stop payment in writing. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, date, and number of the check and its exact amount. If you give the Credit Union incorrect or other transfers or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re- credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree sign a statement describing the dispute with the payee, to reimburse us for transfer all of your rights against the cost payee or other holders of the check to the Credit Union, and expenses we incur to assist the Credit Union in recovering legal action taken against the overdraft from you, including our reasonable attorney’s fees and court costsperson.
Appears in 2 contracts
Samples: Master Membership Account Agreement, Master Membership Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid paid, or we may set-set off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide either to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court costs.
Appears in 2 contracts
Samples: Business Membership and Account Agreement, Business Membership and Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other items posted to your account, those checks and items will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you have established with us. • Pay The Credit Union has no duty to notify you of an insufficient funds item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the draft “Rate Addendum and Schedule of Fees and Charges.” Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays an item and create an overdraft to that would otherwise overdraw your account. Any negative balance on your account is immediately due and payable, unless we you agree otherwise in writingto pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. Order of Payments. Checks, drafts, items and other transactions may place a hold on balances not be processed in any other account the order that you have with us until make them or in the overdraft is paid or order that we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidreceive them. We may, at our option and without notice to youdiscretion, refuse to pay any a check, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if it would create an overdraftyou have questions about how we pay checks or drafts and process transfers and withdrawals. Postdated and Stale dated Items. You authorize us to accept and pay any check, even though we may have previously established a pattern of honoring such drafts if the check is presented for payment before its date. You also agree not to deposit checks, drafts, or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a check or draft or item that creates an overdraft or to dishonor a draft or item drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any item drawn against insufficient available fundsupon your checking account. Drafts You may request a stop payment by telephone, Online Banking, mail, fax or other transfers in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the type of item, the number of the account, date, the name of payee and number of the check, if applicable and its exact amount. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree sign a statement describing the dispute with the payee, to reimburse us for transfer all of your rights against the cost payee or other holders of the item to the Credit Union, and expenses we incur to assist the Credit Union in recovering legal action taken against the overdraft from you, including our reasonable attorney’s fees and court costsperson.
Appears in 2 contracts
Samples: Master Account Agreement, Master Business Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other debit transactions posted to your account, those checks and debit transactions will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you have established with us. • Pay The Credit Union’s determination of an insufficient account balance may be made at any time between presentation and the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have Credit Union’s midnight deadline with us until the overdraft is paid or we may set-off the amount only one review of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable lawaccount required. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have The Credit Union has no obligation duty to notify you before we decide to either pay a draft or item that creates of an insufficient funds check. If an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may occurs your account will then be subject to a service non-sufficient funds (NSF) charge for the check or other debit transactions, whether paid or returned, as set forth in the Business Rate and Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions We may charge an NSF fee each time a check or other debit transaction is presented for payment, therefore you may be assessed more than one fee as a result of resubmission of previously returned checks or other debit transactions. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timescover overdrafts in the future and may discontinue covering overdrafts at any time. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay Credit Union pays a draft or item against insufficient available funds or an overdraft is that would otherwise created on the overdraw your account, you agree to pay any the overdraft amount immediately. You agree We reserve the right to reimburse us for the cost pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. If your account is overdrawn and expenses we incur find that funds are available in recovering the overdraft from another Business account owned by you, including our reasonable attorney’s fees we may transfer the funds to resolve the negative balance amount and court costsmay charge you a fee as disclosed on the Business Rate and Fee schedule.
Appears in 2 contracts
Samples: Business Membership and Accounts Agreement, Business Membership and Accounts Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item check and other debit transactions posted to your account, those check and debit transactions will be handled in accordance with our overdraft procedures, or the terms of any written overdraft protection plan that you have established with us. • Pay The Credit Union’s determination of an insufficient account balance may be made at any time between presentation and the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have Credit Union’s midnight deadline with us until the overdraft is paid or we may set-off the amount only one review of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable lawaccount required. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have The Credit Union has no obligation duty to notify you before we decide to either pay a draft or item that creates of insufficient funds. If an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may occurs, your account will then be subject to a service non-sufficient funds (NSF) charge for the check or other debit transaction, whether paid or returned, as set forth in the Rate and Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions We may charge an NSF fee each time a check or other debit transaction is presented for payment, therefore you may be assessed more than one fee as a result of resubmission of previously returned checks or other debit transactions. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timescover overdrafts in the future and may discontinue covering overdrafts at any time. If the same draft Credit Union pays a check or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is debit transaction that would otherwise created on the overdraw your account, you agree to pay any the overdraft amount immediately. You agree We reserve the right to reimburse us for pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond the cost midnight deadline limits. If your account is overdrawn and expenses we incur find that funds are available in recovering the overdraft from another account owned by you, including our reasonable attorney’s fees we may transfer the funds to resolve the negative balance amount and court costsmay charge you a fee as disclosed on the Rate and Fee Schedule.
Appears in 2 contracts
Samples: Membership and Accounts Agreement, Membership and Accounts Agreement
Overdraft Liability. If on any day, the available funds in your checking account are not sufficient to cover checks and other items posted to your account, those checks and items will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are Credit Union has no duty to notify you of an insufficient funds based on item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the “Rate Addendum and Schedule of Fees and Charges.” If an item is returned because the available balance in your account is not sufficient to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create the item is presented for payment again, we will charge an overdraft to insufficient funds fee each time we return the item because it exceeds the available balance in your account. Any negative If, on representment of the item, the available balance on in your account is immediately due and payablesufficient to cover the item we may pay the item, unless we agree and, if payment causes an overdraft, charge an overdraft fee. Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to Order of Payments. We Checks, drafts, items and other transactions may place a hold on balances not be processed in any other account the order that you have with us until make them or in the overdraft is paid or order that we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidreceive them. We may, at our option and without notice to youdiscretion, refuse to pay any a check, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if it would create an overdraftyou have questions about how we pay checks or drafts and process transfers and withdrawals. Postdated and Stale dated Items. You authorize us to accept and pay any check, even though we may have previously established a pattern of honoring such drafts if the check is presented for payment before its date. You also agree not to deposit checks, drafts, or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a check or draft or item that creates an overdraft or to dishonor a draft or item drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any item drawn against insufficient available fundsupon your checking account. Drafts You may request a stop payment by telephone, Online Banking, mail, fax or other transfers in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the type of item, the number of the account, date, the name of payee and number of the check, if applicable and its exact amount. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree sign a statement describing the dispute with the payee, to reimburse us for transfer all of your rights against the cost payee or other holders of the item to the Credit Union, and expenses we incur to assist the Credit Union in recovering legal action taken against the overdraft from you, including our reasonable attorney’s fees and court costsperson.
Appears in 2 contracts
Overdraft Liability. The following actions may be taken by us if we receive a draft If, on any day, the funds in your checking account are not sufficient to cover checks, fees or other item drawn against items posted to your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item account, those amounts will be handled in accordance with the terms of any written our standard overdraft procedures or an overdraft protection plan that you have established with us. • Pay Radius Federal Credit Union’s determination of an insufficient account balance may be made at any time between presentation and Radius Federal Credit Union’s midnight deadline with only one review of the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writingrequired. We may place a hold on balances in any do not have to notify you if the account does not have funds to cover checks, fees or other account you have with us until posted items. Whether the overdraft item is paid or we may set-off the amount of the overdraft against any of returned, your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds account may be subject to a service charge fee as set forth in the Fee ScheduleSchedule Disclosure. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to reinitiate/resubmit an ACH debit returned due cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. We reserve the right to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. Radius Federal Credit Union is authorized to charge payments for approved items against the savings in this account. Radius Federal Credit Union may, however, pay such approved items and there are insufficient funds transfer savings to this account in the accountamount of the resulting overdraft, it may be returned unpaid plus a second time with a fee assessed on fee, from any other savings account from which any of the same item a second timeapplicants is then eligible to withdraw savings. If we pay a draft or item against insufficient available funds or have approved an overdraft is otherwise created on the Overdraft Line of Credit for your account, we may honor approved items drawn on insufficient funds by transferring funds as you agree have directed from another account under the Membership and Account Agreement Disclosure or a loan account or as required under Radius Federal Credit Union’s Overdraft Protection Plan. The fee for overdraft transfers, if any, is set forth in the Fee Schedule Disclosure. The Membership and Account Agreement Disclosure governs all transfers, except those governed by agreements for loan accounts. We are not obligated to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from youcheck or draft drawn on your account, including our reasonable attorney’s fees and court costswhich is presented more than six (6) months past its date.
Appears in 2 contracts
Samples: Membership and Account Agreement, Membership and Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft If, on any day, the funds in your checking account are not sufficient to cover checks, fees or other item drawn against items posted to your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item account, those amounts will be handled in accordance with the terms of any written our standard overdraft procedures or an overdraft protection plan that you have established with us. • Pay Riverside Federal Credit Union’s determination of an insufficient account balance may be made at any time between presentation and Riverside Federal Credit Union’s midnight deadline with only one review of the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writingrequired. We may place a hold on balances in any do not have to notify you if the account does not have funds to cover checks, fees or other account you have with us until posted items. Whether the overdraft item is paid or we may set-off the amount of the overdraft against any of returned, your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds account may be subject to a service charge fee as set forth in the Fee ScheduleSchedule Disclosure. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to reinitiate/resubmit an ACH debit returned due cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. We reserve the right to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. Riverside Federal Credit Union is authorized to charge payments for approved items against the savings in this account. Riverside Federal Credit Union may, however, pay such approved items and there are insufficient funds transfer savings to this account in the accountamount of the resulting overdraft, it may be returned unpaid plus a second time with a fee assessed on fee, from any other savings account from which any of the same item a second timeapplicants is then eligible to withdraw savings. If we pay a draft or item against insufficient available funds or have approved an overdraft is otherwise created on the Overdraft Line of Credit for your account, we may honor approved items drawn on insufficient funds by transferring funds as you agree have directed from another account under the Membership and Account Agreement Disclosure or a loan account or as required under Riverside Federal Credit Union’s Overdraft Protection Plan. The fee for overdraft transfers, if any, is set forth in the Fee Schedule Disclosure. The Membership and Account Agreement Disclosure governs all transfers, except those governed by agreements for loan accounts. We are not obligated to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from youcheck or draft drawn on your account, including our reasonable attorney’s fees and court costswhich is presented more than six (6) months past its date.
Appears in 2 contracts
Samples: Membership and Account Agreement, Membership and Account Agreement
Overdraft Liability. The following actions may be taken You agree to maintain sufficient available funds in your Account at all times to pay any withdrawal order item (whether by us if we receive a draft check or other item drawn electronic funds transfer, including debit card transactions and Automated Clearing House transactions) presented for payment or settlement against your account and there the applicable Account. We are insufficient funds based on under no obligation to pay any item, the amount of which exceeds the available balance in your account Account at the time the item is presented for payment or settlement against the applicable Account. In the event that we do pay any such item, we have not waived our right to cover the draft or dishonor any subsequent item presented. If we do pay an item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid or we may set-off the amount of which exceeds the overdraft against available balance in the Account upon which it is drawn, or if any of item deposited to your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option Account is subsequently returned and without notice charged back to you, refuse to pay any draft or item if it would create your Account creating an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay us immediately the amount by which that Account is overdrawn together with any applicable fees that we may assess. You also authorize us to deduct any overdraft immediatelyfrom your next deposit (including a direct deposit of social security or other government benefits), to withhold or to transfer funds from any other Account to which you are a Party, in amounts sufficient to cover overdraft and any applicable fees, or to use any other collection remedy available to us by law. Each Party to any of your Account will be jointly liable for overdrafts caused by any other Party to the Account. We determine whether your Account is overdrawn based on the “available balance” as calculated at the time each item is presented for payment or settlement against the applicable Account. The available Account balance may be different than the actual Account balance because the available balance reflects funds that are already allocated for another item, for example a pending transaction that has not yet cleared your Account. You agree may incur overdraft or non-sufficient funds fees if your available balance is not sufficient to reimburse us pay an item when presented for payment or settlement against the cost applicable Account. In connection with debit card transactions, we calculate your available balance both at the time the merchant presents the transaction for authorization and expenses again when the merchant presents the transaction for settlement. After authorization of a debit transaction, your available balance will be reduced if a subsequent item is presented for payment, authorization or settlement. We are under no obligation to pay any debit transaction if the amount of the transaction exceeds the available balance in your Account at the time the transaction is presented for authorization or when the transaction presented for settlement against the applicable Account. In connection with a debit transaction, you may incur overdraft or non-sufficient funds fees if your available balance is not sufficient to pay a debit transaction in full when the transaction is presented for settlement or if you have a negative balance at the time the transaction is presented for settlement. Overdraft or non-sufficient funds fees may be charged regardless of whether there was a sufficient available balance to pay the debit transaction when merchant presented the transaction for authorization, whether we incur authorized the debit transaction and whether we placed funds on hold pending settlement of the transaction. If the available balance is not sufficient at the time a debit transaction is presented for settlement or you have a negative balance at the time a debit transaction is presented for settlement, an overdraft fee will be charged for that transaction, and also for each subsequent item presented for payment or settlement, until you resolve all overdrafts in recovering your account and the overdraft from youavailable balance is sufficient to cover the dollar amount of any item presented for payment, including our reasonable attorney’s fees authorization and court costs.settlement against the applicable Account. To avoid fees, you must closely record and track all of your item(s) so that you have sufficient available balance at all times. Please be aware that holds placed on your Account for pending electronic funds transfer transactions, such as hotel or rental car deposits, reduce your available balance and may cause your Account to become overdrawn
Appears in 1 contract
Samples: Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other items posted to your account, those checks and items will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you have established with us. • Pay The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the draft Credit Union's midnight deadline with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the “Rate Addendum and Schedule of Fees and Charges.” We may charge you an NSF fee each time an item is submitted to us for payment from your account when at the time of presentment your account does not have sufficient available funds or when we return, reverse, or decline to pay an item for any other reason authorized by the terms and create an overdraft to conditions governing your account. Any negative balance on your account is immediately due and payable, unless we agree Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays an item that would otherwise overdraw your account, you agree to pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. Order of Payments. Checks, drafts, items and other transactions may place a hold on balances not be processed in any other account the order that you have with us until make them or in the overdraft is paid or order that we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidreceive them. We may, at our option and without notice to youdiscretion, refuse to pay any a check, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if it would create an overdraftyou have questions about how we pay checks or drafts and process transfers and withdrawals. Postdated and Stale Dated Items. You authorize us to accept and pay any check, even though we if the check is presented for payment before its date, unless you notify the Credit Union of the postdating. Your notice will be effective only if the Credit Union receives the notice in time for the Credit Union to notify its employees and reasonably act upon the notice. You must accurately describe the check, including the number, date, and amount. You understand that the exact information is necessary for the Credit Union's computer to identify the check. If you give the Credit Union an incorrect, incomplete, or untimely notice, the Credit Union will not be responsible for paying the item before the date stated and the Credit Union may have previously established a pattern charge your account as of honoring such drafts the date the Credit Union pays the item. You may make an oral notice, which will lapse within fourteen (14) days, unless continued in writing, within that time. A written notice will be effective for twelve (12) months. A written notice may be renewed in writing from time to time. You also agree not to deposit checks, drafts, or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a check or draft or item that creates an overdraft or to dishonor a draft or item drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any check drawn against insufficient available fundsupon your checking account. Drafts You may request a stop payment by telephone, by mail, fax or other transfers in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, date, and number of the check and its exact amount. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court costs.sign a statement describing
Appears in 1 contract
Samples: Master Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft If, on any day, the funds in your share account are not sufficient to cover drafts, fees or other item drawn against items posted to your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item account, those amounts will be handled in accordance with the terms of our overdraft procedures or any written overdraft plan that program you have established with us. • Pay The Credit Union’s determination of an insufficient account balance may be made at any time between presentation and the Credit Union’s midnight deadline with only one review of the account required. We do not have to notify you if your account does not have funds to cover drafts, fees or other posted items. We may pay any draft or item and create an overdraft to even if you do not have sufficient funds in your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until Whether the overdraft item is paid or we may set-off the amount of the overdraft against any of returned, your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds account may be subject to a service charge as set forth in the Rate and Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds cover overdrafts in the account, it future and may be returned unpaid a second discontinue covering overdrafts at any time with a fee assessed on the same item a second timewithout notice. If we pay a draft or item against insufficient available funds or an overdraft is impose a fee that would otherwise created on the overdraw your account, you agree to pay any overdraft the overdrawn amount including fees immediately. You agree We reserve the right to reimburse us pursue collection of previously dishonored items at any time, including giving a payer bank extra time beyond any midnight deadline limits. Overdraft AdvanceSM is a non-contractual discretionary service offered by the Credit Union that may cover a transaction when sufficient funds are not available up to an established limit. The fee for the cost and expenses we incur in recovering utilizing the overdraft from youservice is set forth on the Rate & Fee Schedule. Overdraft Advance covers checks and other preauthorized debits including, including our reasonable attorneyif you decide to opt-in, ATM and Debit card transactions. All overdraft balances must be repaid within 30 days of overdrawing the account. Members who are 18 years or older and have had an account in good-standing with the Credit Union for at least 90 days are eligible to participate in the Overdraft Advance program. The payment of overdrafts is discretionary and Taunton Federal Credit Union reserves the right not to pay overdrafts and to discontinue a member’s fees and court costsparticipation in the program. Overdraft Advance may not be available on all Share Draft accounts. We have the right to limit participation to one account per household. Please see Rate Schedule for further details.
Appears in 1 contract
Samples: Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft If, on any day, the funds in your share account are not sufficient to cover drafts, fees or other item drawn against items posted to your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item account, those amounts will be handled in accordance with the terms of our overdraft procedures or any written overdraft plan that program you have established with us. • Pay The Credit Union’s determination of an insufficient account balance may be made at any time between presentation and the Credit Union’s midnight deadline with only one review of the account required. We do not have to notify you if your account does not have funds to cover drafts, fees or other posted items. We may pay any draft or item and create an overdraft to even if you do not have sufficient funds in your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until Whether the overdraft item is paid or we may set-off the amount of the overdraft against any of returned, your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds account may be subject to a service charge as set forth in the Rate and Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds cover overdrafts in the account, it future and may be returned unpaid a second discontinue covering overdrafts at any time with a fee assessed on the same item a second timewithout notice. If we pay a draft or item against insufficient available funds or an overdraft is impose a fee that would otherwise created on the overdraw your account, you agree to pay any overdraft the overdrawn amount including fees immediately. You agree We reserve the right to reimburse us pursue collection of previously dishonored items at any time, including giving a payer bank extra time beyond any midnight deadline limits. • Overdraft Advancesm is a non-contractual discretionary service offered by the Credit Union that may cover a transaction when sufficient funds are not available up to an established limit. The fee for the cost and expenses we incur in recovering utilizing the overdraft from youservice is set forth on the Rate & Fee Schedule. Overdraft Advance covers checks and other preauthorized debits including, including our reasonable attorneyif you decide to opt-in, ATM and Debit card transactions. All overdraft balances must be repaid within 30 days of overdrawing the account. Members who are 18 years or older and have had an account in good-standing with the Credit Union for at least 90 days are eligible to participate in the Overdraft Advance program. The payment of overdrafts is discretionary and Taunton Federal Credit Union reserves the right not to pay overdrafts and to discontinue a member’s fees and court costsparticipation in the program. Overdraft Advance may not be available on all Share Draft accounts. We have the right to limit participation to one account per household. Please see Rate Schedule for further details. This Agreement governs all transfers, except those governed by agreements for loan accounts.
Appears in 1 contract
Samples: Membership Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other items posted to your account, those checks and items will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you may have established with us. • Pay The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the draft Credit Union's payment of item with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the Rate Addendum, Truth in Savings Disclosures and Schedule of Fees and Charges. Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays an item and create an overdraft to that would otherwise overdraw your account. Any negative balance on your account is immediately due and payable, unless we you agree otherwise in writingto pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time. Order of Payments. Checks, drafts, items and other transactions may place a hold on balances not be processed in any other account the order that you have with us until make them or in the overdraft is paid or order that we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidreceive them. We may, at our option discretion, pay a check or item and without notice execute other transactions on your account in any order we choose. The order in which we process checks and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to you, refuse your account. Please contact us if you have questions about how we pay checks and process transfers and withdrawals. Postdated and Stale dated Items. You authorize us to accept and pay any draft or item if it would create an overdraftcheck, even though we may have previously established a pattern of honoring such drafts if the check is presented for payment before its date. You also agree not to deposit checks or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item check drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any check drawn against insufficient available fundsupon your checking account. Drafts You must request a stop payment in writing. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, date, and number of the check and its exact amount. If you give the Credit Union incorrect or other transfers or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree sign a statement describing the dispute with the payee, to reimburse us for transfer all of your rights against the cost payee or other holders of the check to the Credit Union, and expenses we incur to assist the Credit Union in recovering legal action taken against the overdraft from you, including our reasonable attorney’s fees and court costsperson.
Appears in 1 contract
Samples: Master Membership Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft If on any day, the funds in your share account are not sufficient to cover drafts, fees or other item drawn against items posted to your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item account, those amounts will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you have established with us. • Pay The credit union’s determination of an insufficient account balance may be made at any time between presentation and the draft or item and create an overdraft credit union’s midnight deadline with only one review of the account required. We do not have to your account. Any negative balance on notify you if your account is immediately due and payabledoes not have funds to cover drafts, unless we agree otherwise in writingfees or other posted items. We may place a hold on balances in any other account you have with us until Whether the overdraft item is paid or we may set-off the amount of the overdraft against any of returned, your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds account may be subject to a service charge as set forth in the Fee ScheduleSchedule of Fees. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second cover overdrafts at any time with a fee assessed on the same item a second timewithout notice. If we pay a draft or item against insufficient available funds or an overdraft is impose a fee that would otherwise created on the overdraw your account, you agree to pay the overdrawn amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. - Overdraft Protection Plan. If we have approved an overdraft immediatelyprotection plan for your account, we will honor drafts drawn on insufficient funds by transferring funds from another account, as you have directed, or as required under the credit union’s overdraft protection program. The fee for overdraft transfers, if any, is set forth in the Schedule of Fees. This Agreement governs all transfers, except those governed by agreements for loan accounts. We will, as a discretionary service, honor a member transaction that results in an overdrawn account as provided by the credit union’s Privilege Pay Overdraft Policy. Under this policy: - We are not obligated to pay every overdraft as it is provided as a discretionary service. - We will charge a fee (set forth in the Schedule of Fees) to provide for the payment of a transaction that would otherwise be returned due to non-sufficient funds. - The following parameters are established and required for participation: - You must be “in good standing” as defined by the credit union - You must be at least 18 years of age - Your account must be a “personal” or “trust” account - Par of $25.00 on deposit must be maintained in your primary savings account - Your primary savings account must be opened a minimum of 30 days prior - ATM and One-Time Debit Card Transactions. Prior to assessing a fee for ATM and one-time transaction overdrafts, the Credit Union will provide members with the right to opt in, or affirmatively consent, to the Credit Union’s overdraft service for ATM and one-time debit card transactions for each account, pursuant to the Credit Union’s Debit Card Policy. - You may “opt out” of this discretionary service at any time. Opt out option is required in writing and is to be signed and dated by you. - The total dollar amount of overdrafts that the credit union will honor per member at any given time will not exceed $900.00. - You have a maximum of thirty (30) calendar days from the day the advance was made to deposit the advanced funds or obtain an approved loan from the credit union to cover the amount of the advance. Loans that remain unpaid will be handled in a manner consistent with the credit union’s collection procedures. - Payment of items resulting in a Non-Sufficient Funds (NSF). If any item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item (NSF). While we reserve the right to pay or not pay any item presented without sufficient funds, you may request that we not pay such items. In that case, we will return any item presented without sufficient funds (NSF). If you wish to exercise this option (prefer) we not pay such items, you must contact us by calling us at 607-723-7962 or writing us at GHS FCU, 000 Xxxxx Xx., Xxxxxxxxxx, XX 00000 and informing us that you do not want us to pay items presented without sufficient funds. If you do not notify us, we retain the right, at our discretion, to pay or not pay any item presented without sufficient funds. • Postdated and Staledated Drafts. We may pay any draft without regard to its date unless you notify us of a postdating. The notice must be given to us in time so that we can notify our employees and reasonably act upon the notice and must accurately describe the draft, including the exact number, date, and amount. You understand that the exact information is necessary for the credit union’s computer to identify the draft. We are not responsible if you give us an incorrect or incomplete description, or untimely notice. You may make an oral notice which lapses in fourteen (14) calendar days unless confirmed in writing. A written notice is effective for six (6) months and may be renewed in writing from time to time. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account, which is presented more than six (6) months past its date. • Stop Payment Orders. - Stop Payment Order Request. You may request a stop payment order on any draft drawn on your account. To be binding an order must be dated, signed, and describe the account and draft number and the exact amount. The stop payment will be effective if the credit union receives the order in time for the credit union to act upon the order and you state the number of the account, number of the draft, and its exact amount. You understand that the exact information is necessary for the credit union’s computer to identify the draft. If you give us incorrect or incomplete information, we will not be responsible for failing to stop payment on the draft. If the stop payment order is not received in time for us to act upon the order, we will not be liable to your or to any other party for payment of the draft. If we recredit your account after paying a draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the draft and to assist us in any legal action. - Duration of Order. You may make an oral stop payment order, which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months and may be renewed in writing from time to time. We do not have to notify you when a stop payment order expires. - Liability. Fees for stop payment orders are set forth on the Schedule of Fees. You may not stop payment on any certified check, cashier’s check or teller’s check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to reimburse us indemnify and hold the credit union harmless from all costs, including attorney’s fees, damages or claims related to our refusing payment of an item, including claims of any multiple party account owner, payee or indorsee in failing to stop payment of an item as a result of incorrect information provided by you. • Credit Union Liability. If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains insufficient funds for the cost transaction; (2) circumstances beyond our control prevents the transaction; (3) your loss is caused by you or another financial institution’s negligence; (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We exercise ordinary care if your actions or nonactions are consistent with applicable state law, Federal Reserve regulations and expenses operating letters, clearing house rules, and general banking practices followed in the area we incur serve. You grant us the right, in recovering making payments of deposited funds, to rely exclusively on the overdraft from you, including form of the account and the terms of the Account Agreement. Any conflict between what you or our reasonable attorney’s fees and court costsemployees may say or write will be resolved by reference to this Agreement.
Appears in 1 contract
Samples: Membership and Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other items posted to your account, those checks and items will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you have established with us. • Pay The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the draft Credit Union's midnight deadline with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the “Rate Addendum and Schedule of Fees and Charges.” Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays an item and create an overdraft to that would otherwise overdraw your account. Any negative balance on your account is immediately due and payable, unless we you agree otherwise in writingto pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. Courtesy Pay. Courtesy Pay is a form of overdraft protection that is available to all members in good standing holding a share draft account. Only one (1) share draft account per member will carry courtesy pay. Order of Payments. Checks, drafts, items and other transactions may place a hold on balances not be processed in any other account the order that you have with us until make them or in the overdraft is paid or order that we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidreceive them. We may, at our option and without notice to youdiscretion, refuse to pay any a check, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if it would create an overdraftyou have questions about how we pay checks or drafts and process transfers and withdrawals. Postdated and Stale dated Items. You authorize us to accept and pay any check, even though we if the check is presented for payment before its date, unless you notify the Credit Union of the postdating. Your notice will be effective only if the Credit Union receives the notice in time for the Credit Union to notify its employees and reasonably act upon the notice. You must accurately describe the check, including the number, date, and amount. You understand that the exact information is necessary for the Credit Union's computer to identify the check. If you give the Credit Union an incorrect, incomplete, or untimely notice, the Credit Union will not be responsible for paying the item before the date stated and the Credit Union may have previously established a pattern charge your account as of honoring such drafts the date the Credit Union pays the item. You may make an oral notice, which will lapse within fourteen (14) days, unless continued in writing, within that time. A written notice will be effective for twelve (12) months. A written notice may be renewed in writing from time to time. You also agree not to deposit checks, drafts, or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a check or draft or item that creates an overdraft or to dishonor a draft or item drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any check drawn against insufficient available fundsupon your checking account. Drafts You may request a stop payment by telephone, by mail, fax or other transfers in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, date, and number of the check and its exact amount. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree sign a statement describing the dispute with the payee, to reimburse us for transfer all of your rights against the cost payee or other holders of the check to the Credit Union, and expenses we incur to assist the Credit Union in recovering legal action taken against the overdraft from you, including our reasonable attorney’s fees and court costsperson.
Appears in 1 contract
Samples: Master Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft If, on any day, the funds in your checking account are not sufficient to cover checks, fees or other item drawn against items posted to your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item account, those amounts will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you have established with us. • Pay Riverside Federal Credit Union’s determination of an insufficient account balance may be made at any time between presentation and Riverside Federal Credit Union’s midnight deadline with only one review of the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writingrequired. We may place a hold on balances in any do not have to notify you if the account does not have funds to cover checks, fees or other account you have with us until posted items. Whether the overdraft item is paid or we may set-off the amount of the overdraft against any of returned, your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds account may be subject to a service charge fee as set forth in the Fee ScheduleSchedule Disclosure. National Automated Clearing House Association Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits. Riverside Federal Credit Union is authorized to charge payments for approved items against the savings in this account. Riverside Federal Credit Union may, however, pay such approved items and transfer savings to this account in the amount of the resulting overdraft, plus a fee, from any other savings account from which any of the applicants is then eligible to withdraw savings. If we have approved an Overdraft Line of Credit for your account, we may honor approved items drawn on insufficient funds by transferring funds as you have directed from another account under the Membership and Account Agreement Disclosure or a loan account or as required under Riverside Federal Credit Union’s Overdraft Protection Plan. The fee for overdraft transfers, if any, is set forth in the Fee Schedule Disclosure. The Membership and Account Agreement Disclosure governs all transfers, except those governed by agreements for loan accounts. We are not obligated to pay any check or draft drawn on your account, which is presented more than six (NACHA6) Rules allow Originating Depository Financial Institutions months past its date. You may request a stop payment order on any check drawn on your account. To be binding, an order must be signed, describe the account, check number and the exact amount. The stop payment will be effective if Riverside Federal Credit Union received the order in time to reinitiate/resubmit an ACH debit returned due act upon the order and you state the number of the account, number of the check and its exact amount. You understand that the exact information is necessary for Riverside Federal Credit Union’s computer to NSF identify the check. If you five us incorrect or uncollected funds up incomplete information, we will not be responsible for failing to two timesstop payment on the check. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for us to act upon the order, and there are insufficient funds in we will not be liable to you or to any other party for payment of the account, it may be returned unpaid a second time with a fee assessed on the same item a second timecheck. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay sign a statement describing the dispute with the payee, to transfer to us all your rights against the payee or other holders of the check and to assist us in any overdraft immediatelylegal action. You agree may make an oral stop payment order, which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months and may be renewed in writing from time to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court coststime. We do not have to notify you when a stop payment order expires.
Appears in 1 contract
Samples: Membership and Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based If on any day, the available balance funds in your checking account are not sufficient to cover the draft or item: • Cover the draft or item checks and other items posted to your account, those checks and items will be handled in accordance with the terms of any written our overdraft procedures or an overdraft protection plan that you may have established with us. • Pay The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the draft Credit Union's payment of item with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the Rate Addendum and Schedule of Fees and Charges. Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays an item and create an overdraft to that would otherwise overdraw your account. Any negative balance on your account is immediately due and payable, unless we you agree otherwise in writingto pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time. Order of Payments. Checks, drafts, items and other transactions may place a hold on balances not be processed in any other account the order that you have with us until make them or in the overdraft is paid or order that we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidreceive them. We may, at our option discretion, pay a check or item and without notice execute other transactions on your account in any order we choose. The order in which we process checks and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to you, refuse your account. Please contact us if you have questions about how we pay checks and process transfers and withdrawals. Postdated and Stale dated Items. You authorize us to accept and pay any draft or item if it would create an overdraftcheck, even though we may have previously established a pattern of honoring such drafts if the check is presented for payment before its date. You also agree not to deposit checks or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item check drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any check drawn against insufficient available fundsupon your checking account. Drafts You must request a stop payment in writing. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, date, and number of the check and its exact amount. If you give the Credit Union incorrect or other transfers or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree sign a statement describing the dispute with the payee, to reimburse us for transfer all of your rights against the cost payee or other holders of the check to the Credit Union, and expenses we incur to assist the Credit Union in recovering legal action taken against the overdraft from you, including our reasonable attorney’s fees and court costsperson.
Appears in 1 contract
Samples: Master Membership Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid paid, or we may set-set off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court costs.
Appears in 1 contract
Samples: Membership and Account Agreement
Overdraft Liability. If on any day, the available funds in your checking account are not sufficient to cover checks and other items posted to your account, those checks and items will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are Credit Union has no duty to notify you of an insufficient funds based on item. The Credit Union may charge a fee, per presentment, for an insufficient funds item whether paid or returned as set forth in the “Rate Addendum and Schedule of Fees and Charges.” If an item is returned because the available balance in your account is not sufficient to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create the item is presented for payment again, we will charge an overdraft to insufficient funds fee each time we return the item because it exceeds the available balance in your account. Any negative If, on representment of the item, the available balance on in your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until sufficient to cover the overdraft is paid or item we may set-off pay the amount item, and, if payment causes an overdraft, charge an overdraft fee for each presentment. You understand and agree that a merchant or other entity may make multiple Order of Payments. Checks, drafts, items and other transactions may not be processed in the overdraft against any of your other accounts order that you make them or in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaidorder that we receive them. We may, at our option and without notice to youdiscretion, refuse to pay any a check, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if it would create an overdraftyou have questions about how we pay checks or drafts and process transfers and withdrawals. Postdated and Stale dated Items. You authorize us to accept and pay any check, even though we may have previously established a pattern of honoring such drafts if the check is presented for payment before its date. You also agree not to deposit checks, drafts, or itemsother items before they are properly payable. We have The Credit Union is under no obligation to notify you before we decide to either pay a check or draft or item that creates an overdraft or to dishonor a draft or item drawn on your account that is presented more than six (6) months after its date. STOP PAYMENT ORDERS Stop Payment Request. You may ask the Credit Union to stop payment on any item drawn against insufficient available fundsupon your checking account. Drafts You may request a stop payment by telephone, Online Banking, mail, fax or other transfers in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the type of item, the number of the account, date, the name of payee and number of the check, if applicable and its exact amount. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment orders that are drawn against insufficient funds may be subject to a service charge set forth in on the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two timesitem. If the same draft or other transfer or stop payment order is submitted a second timenot received in time for the Credit Union to act upon the order, and there are insufficient funds in the account, it may Credit Union will not be returned unpaid a second time with a fee assessed on liable to you or to any other party for payment of the same item a second timeitem. If we pay re-credit your account after paying a draft or item against insufficient available funds or an overdraft is otherwise created on the accountcheck over a valid and timely stop payment order, you agree to pay any overdraft immediately. You agree sign a statement describing the dispute with the payee, to reimburse us for transfer all of your rights against the cost payee or other holders of the item to the Credit Union, and expenses we incur to assist the Credit Union in recovering legal action taken against the overdraft from you, including our reasonable attorney’s fees and court costsperson.
Appears in 1 contract
Samples: Master Account Agreement
Overdraft Liability. If on any day, the available funds in your checking and/or savings suffix are not sufficient to pay the full amount of a check, transaction, or other items posted to your account plus any applicable fee (overdraft) we may pay or return the overdraft. The following actions Credit Union’s determination of an insufficient available balance may be taken by us if we receive a draft or other item drawn against your made at any time between presentation and the Credit Union’s deadline with only one (1) review of the account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writingrequired. We may place a hold on balances in any other account you do not have with us until the overdraft is paid or we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide if your account does not have sufficient available funds to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available fundsoverdraft. Drafts or other transfers or payment orders that are drawn against insufficient funds Your account may be subject to a service charge set forth in for each overdraft regardless of whether we pay or return the Fee Scheduleoverdraft. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, ATM and Debit Card transactions will be denied at point of request if there are insufficient not available funds in the accountaccount when the request is made. Except as otherwise agreed in writing, it if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may be returned unpaid a second discontinue covering overdrafts at any time with a fee assessed on the same item a second timewithout notice. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the or impose a fee that overdraws your account, you agree to pay the overdrawn amounts in accordance with our overdraft pro- cedures or an overdraft protection plan you have with us. We do not have to notify you if your account does not have funds to cover checks, fees or other posted items. We reserve the right to pursue collection of previously dishonored items at any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from youtime, including our reasonable attorney’s fees and court costsgiving a payor bank extra time beyond any midnight deadline limits.
Appears in 1 contract
Overdraft Liability. A member’s available balance is the amount of money in the account that is available to use without incurring an Overdraft Fee. The following actions may be taken by us if we receive available balance takes into account holds that have been placed on deposits and pending transactions (such as a draft or other item drawn against your account and there are insufficient funds based pending Mastercard debit transaction) that the credit union has authorized but have not yet posted to the account. If on any day, the available balance funds in your account are not sufficient to cover the draft checks, fees or item: • Cover the draft or item other items posted to your account, those amounts will be handled in accordance with our overdraft procedures or by one of the terms overdraft protection plans outlined below. Security Credit Union’s determination of an insufficient account balance may be made at any written overdraft plan that time between presentation and our midnight deadline with only one review of the account required. We do not have to notify you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on if your account is immediately due and payabledoes not have funds to cover checks, unless we agree otherwise in writingACH debits, debit card transactions, fees or other posted items. We may place a hold on balances in any other account you have with us until Whether the overdraft item is paid or we may set-off the amount of the overdraft against any of returned, your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds account may be subject to a service charge as set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds cover overdrafts in the account, it future and may be returned unpaid a second discontinue covering overdrafts at any time with a fee assessed on the same item a second timewithout notice. If we pay an item or impose a draft or item against insufficient available funds or an overdraft is fee that would otherwise created on the overdraw your account, you agree to pay any overdraft the overdrawn amount immediately. You agree We reserve the right to reimburse us for the cost and expenses we incur in recovering the overdraft from youpursue collection of previously dishonored items at any time, including our reasonable attorney’s giving a payer bank extra time beyond any midnight deadline limits. It is not applicable to paper checks you write from your Security Credit Union checkbook, preauthorized electronic (ACH) withdrawals or debit card transactions from your Security Credit Union checking and savings accounts – in these cases, if an overdraft occurs, account fees and court costswould be assessed.
Appears in 1 contract
Samples: Membership and Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid paid, or we may set-set off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Service Charge and Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it you will not be assessed an NSF Fee if you do not have a sufficient available balance to pay the resubmitted check or ACH at the time of presentment, this may still be subject to WeGotYa/Courtesy Pay fee if you have a courtesy pay limit available. You may be returned unpaid a second time with a fee assessed on an NSF Fee for the same item a second timefirst submission of the attempted check or ACH payment. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court costs.
Appears in 1 contract
Samples: Membership and Account Agreement
Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid or we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, pay or refuse to pay any draft or item if it would create an overdraftcause your Account to be overdrawn, even though without regard to whether we may have previously established a pattern of honoring honored or dishonored such drafts or itemsan item. We have no obligation Your Account is considered overdrawn when its ledger balance is negative. This may occur when items are presented to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or us for payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in your Account to cover the accountitem, it may be returned unpaid a second time with a fee assessed on and we make the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree decision to pay the item. Your Account also may become overdrawn if there are insufficient funds to cover account maintenance fees, service fees or returned items. You agree that any overdraft immediately. You on your Account is immediately due and payable and you agree to reimburse us for the cost any costs and expenses (including attorney’s fees) we incur in for recovering the overdraft from you, including our reasonable attorney’s and any related fees and court costsinterest, whether you signed or initiated the item that created the overdraft or not and whether you benefited from the proceeds of the item creating the overdraft or not. On a Business Day when we determine there are sufficient funds in your Account to pay one or more (but not all) items presented for payment on your Account, the order in which we post such items may affect the number of items paid and the overdraft and returned item fees assessed. You can avoid fees for overdrafts and returned items by making sure that your Account ledger balance is sufficient to cover your outstanding transactions. We recommend that you enroll in an optional overdraft protection plan, such as the Commercial Credit Sweep Service. Information on our overdraft protection plans is available in the ”Overdraft Protection for Corporate Accounts.”
Appears in 1 contract
Samples: Deposit Account Disclosures
