Returned Items/Transactions. If we are notified that an item you cashed or deposited is being returned unpaid, we may attempt to reclear the item, place a hold on the funds in question (see “General Information About Deposits & Funds Availability”) or charge your account for the amount (and any interest earned on it), whether or not the return or notice of non-payment is proper or timely. This also applies to checks drawn on us which are not paid for any reason, and to checks and other transactions that are returned or charged back to us in accordance with any law, regulation, funds transfer system or clearinghouse rule. If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration, or that there has been a breach of warranty in connection with any item or transaction, we may charge the item or transaction back against your account or place a hold on the funds pending an investigation, without prior notice to you.
Returned Items/Transactions. If we are notified that an item you cashed or deposited is being returned unpaid, we may attempt to re-clear the item, place a hold on the funds in question (see “Funds Availability”) or charge your account for the amount (and any interest earned on it), whether or not the return or notice of non-payment is proper or timely. This also applies to checks drawn on us which are not paid for any reason, and to checks and other transactions that are returned or charged back to us in accordance with any law, regulation, funds transfer system or clearinghouse rule. We may assess a fee for each returned item/transaction and notify you of the return orally, electronically, or in writing. If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration, or that there has been a breach of warranty in connection with any item or transaction, we may charge the item or transaction back against your account or place a hold on the funds pending an investigation, without prior notice to you.
Returned Items/Transactions. If we are notified that an item you deposited is being returned unpaid, we may attempt to reclear the item at our discretion, place a hold on the funds in question (refer to the “Funds Availability Policy” section) or charge your account for the amount (and any interest earned on it), whether or not the return or notice of non- payment is proper or timely. We may notify you of the return orally, electronically or in writing. If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration or that there has been a breach of warranty in connection with the item, we may charge the item back against your account or place a hold on the funds pending an investigation, without prior notice to you. Depositing Substitute Checks You agree that you will not, without our prior permission deposit “substitute checks” as defined by federal law or drafts that purport to be substitute checks and have not been previously endorsed by a bank. If you deposit such an item, you give us the same warranties and indemnities that we would give under applicable law as a reconverting bank. You further agree to reimburse us for losses, costs, damages and attorneys’ fees we may incur as a result of such action. If you provide us with an electronic representation of a substitute check for deposit into your account instead of an original check, you agree to reimburse us for all losses, costs and damages we incur because the resulting substitute check (from the electronic representation) does not meet the requirements for legal equivalence or causes duplicate payments.
Returned Items/Transactions. If we are notified that an item you cashed or deposited is being returned unpaid, we may attempt to redeposit the item, place a hold on the funds in question (see Section 5 [“Funds Availability”] of this Deposit Agreement) or charge your account for the amount (and any interest earned on the item), whether or not the return or notice of non-payment is proper or timely. This also applies to checks drawn on us, which are not paid for any reason, and to checks and other transactions that are returned or charged back to us in accordance with any law, regulation, or funds transfer system or clearinghouse rule. We may assess a fee for each returned item/transaction and notify you of the return orally, electronically, or in writing. Refer to your Fee Schedule for information about what fees apply and how fees are calculated for your account. If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration or that there has been a breach of any warranty in connection with any item or transaction, we may charge the item or transaction back against your account, place a hold on the funds pending an investigation and/or return the funds to the maker of the item or their bank, without prior notice to you. We are not obligated to investigate the legitimacy or validity of such claims.
Returned Items/Transactions. If we are notified that an item you cashed or deposited is being returned unpaid, we may attempt to re-clear the item, place a hold on the funds in question (see “Funds Availability”) or charge your account for the amount (and any interest earned on it), whether or not the return or notice of non-payment is proper or timely. This also applies to checks drawn on us which are not paid for any reason, and to checks and other transactions that are returned or charged back to us in accordance with any law, regulation, funds transfer system or clearinghouse rule. We may assess a fee for each returned item/transaction. An item/transaction can be represented for payment multiple times and the same item/transaction might result in multiple fees. See the Fee Schedule (“Returned Deposit Item Fee” “NSF Returned Item Fee”). If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration, or that there has been a breach of warranty in connection with any item or transaction, we may charge the item or transaction back against your account or place a hold on the funds pending an investigation, without prior notice to you. Security Interest You grant us a security interest in your accounts, including all current and future deposits and renewals, for amounts owing to us now and/or in the future under this Agreement or under any account service agreement by any owner. This security interest is in addition to any other security interest we may have in your accounts or other assets. This security interest will survive termination of this Agreement. This provision does not apply to IRA or tax-qualified retirement accounts or where otherwise prohibited by law. Setoff Subject to applicable law, we may use the funds in all of your accounts to pay any due and payable debt(s) and obligation(s) that you owe us which are not paid when due. This is referred to as a “setoff.” Generally, you agree that all sums in deposit accounts will be subject to our right of setoff for liabilities owed to us by any one or more of: the account owners, including any other person who is a joint account owner; or any partnership of which you are a general partner; or any limited liability company where you are the sole member; or any sole proprietorship you own; or any account established under the same social security number(s) or employer identification number(s); or any other person or...
