RIGHT TO FREEZE ACCOUNT. We reserve the right of setoff against your account without prior notice to you to repay any debt or obligation owed to us by you or any co-owner of your account. This means that we have the right to apply part or all of the funds in your account for the satisfaction of any debt you or any co-owner of the account owe us. If your account is an individual account, our setoff right may be exercised to repay your debts, whether they are owed by you individually or jointly with others. All of the funds in a joint account may be used to repay the debts of any co-owner, whether they are owed individually by a co-owner, jointly with other co-owners, or jointly with other persons or entities having no interest in your account. If your account is a partnership account, each partner agrees that we may exercise our right of setoff against the partnership account to satisfy not only the obligations of the partnership, but also the individual obligations of any partner. Debts subject to our right of setoff include those owed by you from another joint account in which you are a co-owner even though the debt may not have been directly incurred by you, as well as debts for which you are only secondarily liable. Our right of setoff also applies when we cash a third party check for you over the counter which is returned to us unpaid for any reason, provided we return the unpaid check to you. We may exercise our right of setoff even if the withdrawal results in an early withdrawal penalty or the dishonor of subsequent checks. We will not be responsible for dishonoring items presented against your account when the exercise of our right of setoff results in insufficient funds in your account to cover the items. Our right of setoff may be exercised before or after the death of an account holder. Social Security, Supplemental Security Income, Veterans’ and other types of government benefits are protected by law from legal process and the claims of your creditors. To the extent that funds deposited in any deposit account subject to our right of setoff are entitled to any exemption from execution, levy, attachment, garnishment, seizure, setoff or other legal process (including, but not limited to, any Social Security, Supplemental Security Income, Veterans’ or other federal or state benefits), then you hereby knowingly, affirmatively and unequivocally waive such exemption and consent to our exercise of our right of setoff against such funds to the maximum extent permitted by law. We also have the right to “freeze” or place a “hold” on your account (i.e., not permit any withdrawal) and/or to prevent any deposits from being made to your account, for a reasonable period of time, when (i) we have the right of setoff, (ii) there are claims or disputes concerning your account, or (iii) we in good faith believe we either have a claim against you or the funds in your account, or something has occurred or is reasonably expected to occur which will result in our having a claim against you or the funds in your account. This paragraph shall not be enforced in violation of applicable law. MISCELLANEOUS POWERS OF ATTORNEY We may, at our discretion, decline to recognize or honor any power of attorney with respect to your account. If we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive and have a reasonable opportunity to act upon notice of your death or written notice of the revocation or termination of the power of attorney. On a case-by-case basis, we reserve the right to restrict the nature or size of the transactions we will permit your attorney-in-fact to conduct on your behalf. TRANSFER OR ASSIGNMENT OF YOUR ACCOUNT/ LEGAL PROCESS AGAINST ACCOUNT Your account is solely for the use of the owner(s) of the account. We will not recognize the validity of any assignment of your account or transfer of funds in your account unless we give our prior consent and such consent as well as the assignment or transfer is entered in our records. We reserve the right to ignore or reject any attempted pledge, assignment, or purported security interest in any account. Any pledge, assignment, or security interest we permit will remain subject to our prior right of setoff. If legal action such as a levy, attachment, execution, garnishment, etc. is brought against your account, we may refuse to pay out any money from your account until the dispute is resolved. If your account is attached, executed upon, garnished or otherwise subject to levy, we will not be liable to you for any sums we pay because of such attachment, execution, garnishment or other levy, even if paying the money from your account leaves insufficient funds to pay checks you have written or other items presented for payment against your account. If we incur any expense, including attorneys’ fees, in responding to an attachment, execution, garnishment or other levy that is not otherwise reimbursed, we may charge such expense to your account without prior notice to you. If there are insufficient funds in your account to reimburse us fully, you will be liable for the balance. Any attachment, execution, garnishment or other levy against your account is subject to our right of setoff. Although Social Security, Supplemental Security Income, Veterans’ and other types of government benefits are protected by law from legal process and the claims of your creditors, it is your responsibility (and not ours) to raise the protected status of funds on deposit as a defense. We are under no duty to contest on your behalf any execution, levy, attachment, garnishment, seizure or other legal or equitable process asserted against you or your account and may take such action to comply with any such process as we determine to be appropriate and lawful in the circumstances, without regard to whether the funds on deposit are protected and without liability to you.
Appears in 3 contracts
Samples: www.fidelitybanknc.com, www.fidelitybanknc.com, www.fidelitybanknc.com
RIGHT TO FREEZE ACCOUNT. We reserve the right of setoff against your account without prior notice to you to repay any debt or obligation owed to us by you or any co-owner of your account. This means that we have the right to apply part or all of the funds in your account for the satisfaction of any debt you or any co-owner of the account owe us. If your account is an individual account, our setoff right may be exercised to repay your debts, whether they are owed by you individually or jointly with others. All of the funds in a joint account may be used to repay the debts of any co-owner, whether they are owed individually by a co-owner, jointly with other co-owners, or jointly with other persons or entities having no interest in your account. If your account is a partnership account, each partner agrees that we may exercise our right of setoff against the partnership account to satisfy not only the obligations of the partnership, but also the individual obligations of any partner. Debts subject to our right of setoff include those owed by you from another joint account in which you are a co-owner even though the debt may not have been directly incurred by you, as well as debts for which you are only secondarily liable. Our right of setoff also applies when we cash a third party check for you over the counter which is returned to us unpaid for any reason, provided we return the unpaid check to you. We may exercise our right of setoff even if the withdrawal results in an early withdrawal penalty or the dishonor of subsequent checks. We will not be responsible for dishonoring items presented against your account when the exercise of our right of setoff results in insufficient funds in your account to cover the items. Our right of setoff may be exercised before or after the death of an account holder. Social Security, Supplemental Security Income, Veterans’ and other types of government public benefits are protected by law from legal process and the claims of your creditors. To the extent that funds deposited in any deposit account subject to our right of setoff are entitled to any exemption from execution, levy, attachment, garnishment, seizure, setoff or other legal process (including, but not limited to, any Social Security, Supplemental Security Income, Veterans’ or other federal or state benefits), then you hereby knowingly, affirmatively and unequivocally waive such exemption and consent to our exercise of our right of setoff against such funds to the maximum extent permitted by law. We also have the right to “freeze” or place a “hold” on your account (i.e., not permit any withdrawal) and/or to prevent any deposits from being made to your account, for a reasonable period of time, when (i) we have the right of setoff, (ii) there are claims or disputes concerning your account, or (iii) we in good faith believe we either have a claim against you or the funds in your account, or something has occurred or is reasonably expected to occur which will result in our having a claim against you or the funds in your account. This paragraph shall not be enforced in violation of applicable law. MISCELLANEOUS POWERS OF ATTORNEY We may, at our discretion, decline to recognize or honor any power of attorney with respect to your account. If we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive and have a reasonable opportunity to act upon notice of your death or written notice of the revocation or termination of the power of attorney. On a case-by-case basis, we reserve the right to restrict the nature or size of the transactions we will permit your attorney-in-fact to conduct on your behalf. TRANSFER OR ASSIGNMENT OF YOUR ACCOUNT/ LEGAL PROCESS AGAINST ACCOUNT Your account is solely for the use of the owner(s) of the account. We will not recognize the validity of any assignment of your account or transfer of funds in your account unless we give our prior consent and such consent as well as the assignment or transfer is entered in our records. We reserve the right to ignore or reject any attempted pledge, assignment, or purported security interest in any account. Any pledge, assignment, or security interest we permit will remain subject to our prior right of setoff. If legal action such as a levy, attachment, execution, garnishment, etc. is brought against your account, we may refuse to pay out any money from your account until the dispute is resolved. If your account is attached, executed upon, garnished or otherwise subject to levy, we will not be liable to you for any sums we pay because of such attachment, execution, garnishment or other levy, even if paying the money from your account leaves insufficient funds to pay checks you have written or other items presented for payment against your account. If we incur any expense, including attorneys’ fees, in responding to an attachment, execution, garnishment or other levy that is not otherwise reimbursed, we may charge such expense to your account without prior notice to you. If there are insufficient funds in your account to reimburse us fully, you will be liable for the balance. Any attachment, execution, garnishment or other levy against your account is subject to our right of setoff. Although Social Security, Supplemental Security Income, Veterans’ and other types of government public benefits are protected by law from legal process and the claims of your creditors, it is your responsibility (and not ours) to raise the protected status of funds on deposit as a defense. We are under no duty to contest on your behalf any execution, levy, attachment, garnishment, seizure or other legal or equitable process asserted against you or your account and may take such action to comply with any such process as we determine to be appropriate and lawful in the circumstances, without regard to whether the funds on deposit are protected and without liability to you.
Appears in 2 contracts
Samples: www.fidelitybanknc.com, www.fidelitybanknc.com
RIGHT TO FREEZE ACCOUNT. We reserve the right of setoff against your account as permitted by applicable law and/or under this agreement without prior notice to you to repay any debt or obligation owed to us by you or any co-co- owner of your account. This means that we have the right to apply part or all of the funds in your account for the satisfaction of any debt you or any co-owner of the account owe us. We are authorized to charge such indebtedness against your account without regard to the origin of the deposits to the account or the beneficial entitle- ment to monies deposited, unless applicable law provides other- wise. If your account is an individual account, our setoff right may be exercised to repay your debts, whether they are owed by you individually indi- vidually or jointly with others. All xxxxxx.Xx the extent permitted by applicable state law, all of the funds in a joint account may be used to repay the debts of any co-owner, whether they are owed individually by a co-owner, jointly with other co-owners, or jointly with other persons or entities having no interest in your account. If your account is a partnership account, each partner agrees that we may exercise our right of setoff against the partnership account to satisfy not only the obligations of the partnership, but also the individual obligations of any partner. Debts subject to our right of setoff include those owed by you from another joint account in which you are a co-owner even though the debt may not have been directly incurred by you, as well as debts for which you are only secondarily liable. Our right of setoff set- off also applies when we cash a third party check for you over the counter which is returned to us unpaid for any reason, provided we return the unpaid check to you. We may exercise our right of setoff even if the withdrawal results in an early withdrawal penalty or the dishonor of subsequent checks. We will not be responsible for dishonoring dis- honoring items presented against your account when the exercise of our right of setoff results in insufficient funds in your account to cover the items. Our right of setoff may be exercised before or after the death of an account holder. Social SecurityCertain government benefits (for example, Supplemental Security Incomesocial security, Veteranssupplemental security income, veterans’ and other types of government benefits benefits) are protected by law from legal process and the claims of your creditors’ claims. To the extent that funds deposited in to any deposit account that is subject to our right of setoff are entitled to any exemption from execution, levy, attachment, garnishment, seizuresei- zure, setoff or other legal or equitable process (including, but not limited to, any Social Securitysocial security, Supplemental Security Incomesupplemental security in- come, Veterans’ veterans or other federal or state benefits), then to the maximum extent permitted by law you hereby knowingly, affirmatively and unequivocally waive such exemption and consent to our exercise of our right of setoff set- off against such funds. This means, for example, that we may use such funds in your account to the maximum extent permitted by lawpay overdrafts, account ser- vice fees and charges and other amounts you (or any other ac- count owner) owe us. We also have the right to “freeze” or place a “hold” on your account (i.e., not permit any withdrawal) and/or to prevent any deposits from being made to your account, for a reasonable period of time, when (i) we have the right of setoff, (ii) there are claims or disputes concerning your account, or (iii) we in good faith believe we either have a claim against you or the funds in your account, or something has occurred or is reasonably expected to occur which will result in our having a claim against you or the funds in your account. This paragraph shall not be enforced in violation of applicable law. If we charge off your account and close it due to your failure to pay off a negative balance, then to the extent permissible by law we have the right as necessary to apply any subsequent deposits or credits (electronic or otherwise) related to your account as setoff against your charged off amount and, if applicable, mail any funds remaining to you at your address of record in the form of a cashier’s check. MISCELLANEOUS POWERS OF ATTORNEY • Powers of Attorney We may, at our discretion, decline to recognize or honor any power of attorney with respect to your accountaccount to the extent permitted by applicable law. If we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive and have a reasonable opportunity to act upon notice of your death or written notice of the revocation or termination of the power of attorney. On a case-by-case basis, and to the extent permitted by applicable law, we reserve the right to restrict the nature or size of the transactions we will permit allow your attorney-in-fact to conduct on your behalf. TRANSFER OR ASSIGNMENT OF YOUR ACCOUNT/ LEGAL PROCESS AGAINST ACCOUNT • Transfer or Assignment of Your Account/Legal Process Against Account Your account is solely for the use of the owner(s) of the account. We will not recognize the validity of any assignment of your account or transfer of funds in your account unless we give our prior consent and such consent as well as the assignment or transfer is entered in our records. We reserve the right to ignore or reject any attempted pledge, assignment, or purported security interest in any account. Any pledge, assignment, or security interest we permit will remain subject to our prior right of setoff. If legal action such as a levy, attachment, execution, garnishment, etc. is brought against your account, we may refuse to pay out any money from your account until the dispute is resolved. If your account ac- count is attached, executed upon, garnished or otherwise subject to levy, we will not be liable to you for any sums we pay because of such attachment, execution, garnishment or other levy, even if paying the money from your account leaves insufficient funds to pay checks you have written or other items presented for payment against your account. If we incur any expense, including attorneys’ ' fees, in responding to an attachment, execution, garnishment or other levy that is not otherwise reimbursed, we may charge such expense ex- pense to your account without prior notice to you. If there are insufficient insuf- ficient funds in your account to reimburse us fully, you will be liable for the balance. Any attachment, execution, garnishment or other levy against your account is subject to our right of setoffsetoff as permit- xxx by applicable law. Your accounts may be subject to attachment, execution, garnishment or other levy in any state in which we do business, regardless of where you reside or where your accounts were opened or are maintained. Although Social Securitysocial security, Supplemental Security Incomesupplemental security income, Veteransveterans’ and other types of government public benefits are protected by law from legal process and the claims of your creditors, it is your responsibility (and not ours) to raise the protected status of funds on deposit as a defense. de- fense.We are under no duty to contest on your behalf any execution, levy, attachment, garnishment, seizure or other legal or equitable process asserted against you or your account and may take such action to comply with any such process as we determine to be appropriate and lawful ap- propriate in the circumstances, without regard to whether the funds on deposit are protected and without liability to you.
Appears in 1 contract
Samples: Deposit Account Agreement
RIGHT TO FREEZE ACCOUNT. We reserve the right of setoff against may suspend payment and/or place a hold on your account without prior notice to you to repay in our sole discretion and under any debt or obligation owed to us by you or any co-owner of your account. This means that we have the right to apply part or all of the funds in your account for the satisfaction of any debt you or any co-owner of the account owe us. If your account is an individual account, our setoff right may be exercised to repay your debts, whether they are owed by you individually or jointly with others. All of the funds in a joint account may be used to repay the debts of any co-owner, whether they are owed individually by a co-owner, jointly with other co-owners, or jointly with other persons or entities having no interest in your account. If your account is a partnership account, each partner agrees that we may exercise our right of setoff against the partnership account to satisfy not only the obligations of the partnership, but also the individual obligations of any partner. Debts subject to our right of setoff include those owed by you from another joint account in which you are a co-owner even though the debt may not have been directly incurred by you, as well as debts for which you are only secondarily liable. Our right of setoff also applies when we cash a third party check for you over the counter which is returned to us unpaid for any reason, provided we return the unpaid check to you. We may exercise our right of setoff even if the withdrawal results in an early withdrawal penalty or the dishonor of subsequent checks. We will not be responsible for dishonoring items presented against your account when the exercise of our right of setoff results in insufficient funds in your account to cover the items. Our right of setoff may be exercised before or after the death of an account holder. Social Security, Supplemental Security Income, Veterans’ and other types of government benefits are protected by law from legal process and the claims of your creditors. To the extent that funds deposited in any deposit account subject to our right of setoff are entitled to any exemption from execution, levy, attachment, garnishment, seizure, setoff or other legal process (circumstance including, but not limited to, any Social Security, Supplemental Security Income, Veterans’ : (a) if the Bank determines that the ownership of funds or other federal or state benefits), then you hereby knowingly, affirmatively and unequivocally waive such exemption and consent to our exercise of our right of setoff against such funds to the maximum extent permitted by law. We also have the right to “freeze” debit or place a “hold” on make withdrawals from your account (i.e.is in dispute. For purposes of this section, not permit any withdrawal) and/or to prevent any deposits from being made to your “dispute” may include such disputes between you and the Bank involving the account, for a reasonable period of time, when (i) we have the right of setoff, (ii) there are claims disputes between you and an authorized signer or disputes concerning your accountother joint owner, or any situation where a third party takes action or gives notice to the Bank of any claim on the account or funds contained therein, regardless of whether the Bank is involved in such dispute, as well as any other situation in which there is an allegation of fraud or mistake or the Bank is uncertain as to the ownership or payment of funds; (iiib) we in good faith believe we either have you owe the Bank or any of its affiliates money, or the Bank or any of its affiliates has a claim against you or for the funds in your accountpayment of money, regardless of whether such claim is disputed, unliquidated, or something has occurred contingent; (c) we detect or is reasonably expected to occur which will result in our having a claim against you suspect any unauthorized, unlawful or the funds in your account. This paragraph shall not be enforced in violation of applicable law. MISCELLANEOUS POWERS OF ATTORNEY We may, at our discretion, decline to recognize or honor any power of attorney with respect irregular activity related to your account. If we accept a power account including but not limited to transactions prohibited by any law, rule or regulation, including the Unlawful Internet Enforcement Act; (d) you have committed or are suspected of attorneycommitting an allegedly fraudulent act, we may continue or, if any claim, whether oral or written, has been made upon the Bank due to recognize the authority of your attorney-in-fact until we receive and have a reasonable opportunity to act actions; or (e) upon notice of your death or written notice of the revocation or termination of the power of attorneya bankruptcy filing. On Payment will be suspended and/or a case-by-case basis, we reserve the right to restrict the nature or size of the transactions we hold will permit your attorney-in-fact to conduct remain on your behalfaccount until the dispute, allegation, or problem is resolved or determined to the Bank’s satisfaction. TRANSFER OR ASSIGNMENT OF YOUR ACCOUNT/ LEGAL PROCESS AGAINST ACCOUNT Your account is solely In no event will the Bank be liable for any delay or refusal to follow instructions or for returning items unpaid that occur as a result of a dispute or uncertainty over the use of the owner(s) of the account. We will not recognize the validity of any assignment ownership or control of your account or transfer the suspension or freezing of funds in your account unless for any of the reasons stated above. In the event we give our prior consent receive a documented claim for a forged, irregular, altered (including payee and such consent as well as the assignment or transfer is entered in our records. We reserve the right to ignore or reject any attempted pledge, assignmentdollar amounts), or purported security interest in any account. Any pledge, assignment, unauthorized endorsement on a check or security interest we permit will remain subject to our prior right of setoff. If legal action such as a levy, attachment, execution, garnishment, etc. is brought against draft deposited into your account, we may refuse the Bank is authorized to pay out any money from debit your account until for the dispute is resolvedamount of the claim, without prior notice to you. If your account is attached, executed upon, garnished or otherwise subject The Bank will have no liability for honoring the claim. You agree to levy, we will not be liable to you the Bank for any sums loss, costs, including but not limited to reasonable attorney’s fees, or expenses, to the extent permitted by law that we pay because incur as a result of such attachment, execution, garnishment or other levy, even if paying the money from your account leaves insufficient funds to pay checks you have written or other items presented for payment against any dispute brought by a third party involving your account. If we incur You authorize us to deduct any expensesuch loss, including attorneys’ feescosts, in responding to an attachment, execution, garnishment or other levy that is not otherwise reimbursed, we may charge such expense to expenses from your account without prior notice to you. If there are insufficient funds in your account to reimburse us fully, you will be liable for the balance. Any attachment, execution, garnishment or other levy against your account is subject to our right of setoff. Although Social Security, Supplemental Security Income, Veterans’ and other types of government benefits are protected by law from legal process and the claims of your creditors, it is your responsibility (and not ours) to raise the protected status of funds on deposit as a defense. We are under no duty to contest on your behalf any execution, levy, attachment, garnishment, seizure or other legal or equitable process asserted against you or your account and may take such action to comply with any such process as we determine to be appropriate and lawful in the circumstances, without regard to whether the funds on deposit are protected and without liability to you.
Appears in 1 contract
Samples: Legal Agreement
RIGHT TO FREEZE ACCOUNT. We reserve the right of setoff against your account without prior notice to you to repay any debt or obligation owed to us by you or any co-owner of your account. This means that we have the right to apply part or all of the funds in your account for the satisfaction of any debt you or any co-owner of the account owe us. If your account is an individual account, our setoff right may be exercised to repay your debts, whether they are owed by you individually or jointly with others. All of the funds in a joint account may be used to repay the debts of any co-owner, whether they are owed individually by a co-co- owner, jointly with other co-owners, or jointly with other persons or entities having no interest in your account. If your account is a partnership account, each partner agrees that we may exercise our right of setoff against the partnership account to satisfy not only the obligations of the partnership, but also the individual obligations of any partner. Debts subject to our right of setoff include those owed by you from another joint account in which you are a co-owner even though the debt may not have been directly incurred by you, as well as debts for which you are only secondarily liable. Our right of setoff also applies when we cash a third party check for you over the counter which is returned to us unpaid for any reason, provided we return the unpaid check to you. We may exercise our right of setoff even if the withdrawal results in an early withdrawal penalty or the dishonor of subsequent checks. We will not be responsible for dishonoring items presented against your account when the exercise of our right of setoff results in insufficient funds in your account to cover the items. Our right of setoff may be exercised before or after the death of an account holder. Social Security, Supplemental Security Income, Veterans’ and other types of government public benefits are protected by law from legal process and the claims of your creditors. To the extent that funds deposited in any deposit account subject to our right of setoff are entitled to any exemption from execution, levy, attachment, garnishment, seizure, setoff or other legal process (including, but not limited to, any Social Security, Supplemental Security Income, Veterans’ or other federal or state benefits), then you hereby knowingly, affirmatively and unequivocally waive such exemption and consent to our exercise of our right of setoff against such funds to the maximum extent permitted by law. We also have the right to “freeze” or place a “hold” on your account (i.e., not permit any withdrawal) and/or to prevent any deposits from being made to your account, for a reasonable period of time, when (i) we have the right of setoff, (ii) there are claims or disputes concerning your account, or (iii) we in good faith believe we either have a claim against you or the funds in your account, or something has occurred or is reasonably expected to occur which will result in our having a claim against you or the funds in your account. This paragraph shall not be enforced in violation of applicable law. MISCELLANEOUS POWERS OF ATTORNEY We may, at our discretion, decline to recognize or honor any power of attorney with respect to your account. If we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive and have a reasonable opportunity to act upon notice of your death or written notice of the revocation or termination of the power of attorney. On a case-by-case basis, we reserve the right to restrict the nature or size of the transactions we will permit your attorney-in-fact to conduct on your behalf. TRANSFER OR ASSIGNMENT OF YOUR ACCOUNT/ LEGAL PROCESS AGAINST ACCOUNT Your account is solely for the use of the owner(s) of the account. We will not recognize the validity of any assignment of your account or transfer of funds in your account unless we give our prior consent and such consent as well as the assignment or transfer is entered in our records. We reserve the right to ignore or reject any attempted pledge, assignment, or purported security interest in any account. Any pledge, assignment, or security interest we permit will remain subject to our prior right of setoff. If legal action such as a levy, attachment, execution, garnishment, etc. is brought against your account, we may refuse to pay out any money from your account until the dispute is resolved. If your account is attached, executed upon, garnished or otherwise subject to levy, we will not be liable to you for any sums we pay because of such attachment, execution, garnishment or other levy, even if paying the money from your account leaves insufficient funds to pay checks you have written or other items presented for payment against your account. If we incur any expense, including attorneys’ fees, in responding to an attachment, execution, garnishment or other levy that is not otherwise reimbursed, we may charge such expense to your account without prior notice to you. If there are insufficient funds in your account to reimburse us fully, you will be liable for the balance. Any attachment, execution, garnishment or other levy against your account is subject to our right of setoff. Although Social Security, Supplemental Security Income, Veterans’ and other types of government public benefits are protected by law from legal process and the claims of your creditors, it is your responsibility (and not ours) to raise the protected status of funds on deposit as a defense. We are under no duty to contest on your behalf any execution, levy, attachment, garnishment, seizure or other legal or equitable process asserted against you or your account and may take such action to comply with any such process as we determine to be appropriate and lawful in the circumstances, without regard to whether the funds on deposit are protected and without liability to you.
Appears in 1 contract
Samples: Account Agreement
RIGHT TO FREEZE ACCOUNT. We reserve the right of setoff against your account without prior notice to you as permitted by applicable law and/or under this Agreement to repay any debt or obligation owed to us by you or any co-owner of your account. This means that we have the right to apply part or all of the funds in your account for the satisfaction of any debt you you, or as permitted by applicable law, any co-owner of the account owe us, including debts or obligations that have not matured. We are authorized to charge such indebtedness against your account without prior notice to you and without regard to the origin of the deposits to the account or the beneficial entitlement to monies deposited, unless applicable law provides otherwise. If your account is an individual account, our setoff right may be exercised to repay your debts, whether they are owed by you individually indi- vidually or jointly with others. All To the extent permitted by applicable state law, all of the funds in a joint account may be used to repay the debts of any co-owner, whether they are owed individually by a co-owner, jointly with other co-owners, or jointly with other persons or entities having no interest in your account. If your account is a partnership account, each partner agrees that we may exercise our right of setoff against the partnership account to satisfy not only the obligations of the partnership, but also the individual obligations obliga- tions of any partner. Debts subject to our right of setoff include those owed by you from another joint account in which you are a co-owner even though the debt may not have been directly incurred by you, as well as debts for which you are only secondarily liable. Our right of setoff also applies when we cash a third party check for you over the counter which is returned to us unpaid for any reason, provided we return the unpaid check to you. We may exercise our right of setoff even if the withdrawal results in an early withdrawal penalty or the dishonor of subsequent checks. We will not be responsible for dishonoring items presented against your account when the exercise of our right of setoff results in insufficient funds in your account to cover the items. Our right of setoff may be exercised before or after the death of an account holder. Social SecurityCertain government benefits (for example, Supplemental Security Incomesocial security, Veteranssupple- mental security income, veterans’ and other types of government benefits benefits) are protected by law from legal process and the claims of your creditorscredi- tors’ claims. To the extent that funds deposited in to any deposit account that is subject to our right of setoff are entitled to any exemption from execution, levy, attachment, garnishment, seizure, setoff or other legal or equitable process (including, but not limited to, any Social Securitysocial security, Supplemental Security Incomesupplemental security income, Veterans’ veterans or other federal or state benefits), then to the maximum extent permitted by law you hereby knowingly, affirmatively and unequivocally waive such exemption and consent to our exercise of our right of setoff against such funds. This means, for example, that we may use such funds in your account to the maximum extent permitted by lawpay overdrafts, account service fees and charges and other amounts you (or any other account owner) owe us. We also have the right to “freeze” or place a “hold” on your account (i.e., not permit any withdrawal) and/or to prevent any deposits from being made to your account, for a reasonable period of time, when (i) we have the right of setoff, (ii) there are claims or disputes concerning your account, or (iii) we in good faith believe we either have a claim against you or the funds in your account, or something has occurred or is reasonably expected to occur which will that may result in our having a claim against you or the funds in your account. This paragraph shall not be enforced in violation of applicable law. MISCELLANEOUS POWERS OF ATTORNEY We may, at our discretion, decline to recognize or honor any power of attorney with respect If we charge off your account and close it due to your account. If failure to pay off a negative balance, then to the extent permissible by law we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive and have a reasonable opportunity to act upon notice of your death or written notice of the revocation or termination of the power of attorney. On a case-by-case basis, we reserve the right as necessary to restrict the nature apply any subsequent deposits or size of the transactions we will permit your attorney-in-fact to conduct on your behalf. TRANSFER OR ASSIGNMENT OF YOUR ACCOUNT/ LEGAL PROCESS AGAINST ACCOUNT Your account is solely for the use of the owner(scredits (electronic or otherwise) of the account. We will not recognize the validity of any assignment of your account or transfer of funds in your account unless we give our prior consent and such consent as well as the assignment or transfer is entered in our records. We reserve the right to ignore or reject any attempted pledge, assignment, or purported security interest in any account. Any pledge, assignment, or security interest we permit will remain subject to our prior right of setoff. If legal action such as a levy, attachment, execution, garnishment, etc. is brought against your account, we may refuse to pay out any money from your account until the dispute is resolved. If your account is attached, executed upon, garnished or otherwise subject to levy, we will not be liable to you for any sums we pay because of such attachment, execution, garnishment or other levy, even if paying the money from your account leaves insufficient funds to pay checks you have written or other items presented for payment against your account. If we incur any expense, including attorneys’ fees, in responding to an attachment, execution, garnishment or other levy that is not otherwise reimbursed, we may charge such expense related to your account without prior notice to you. If there are insufficient funds in your account to reimburse us fully, you will be liable for the balance. Any attachment, execution, garnishment or other levy as setoff against your account is subject charged off amount and, if applicable, mail any funds remaining to our right you at your address of setoff. Although Social Security, Supplemental Security Income, Veterans’ and other types of government benefits are protected by law from legal process and the claims of your creditors, it is your responsibility (and not ours) to raise the protected status of funds on deposit as a defense. We are under no duty to contest on your behalf any execution, levy, attachment, garnishment, seizure or other legal or equitable process asserted against you or your account and may take such action to comply with any such process as we determine to be appropriate and lawful record in the circumstances, without regard to whether the funds on deposit are protected and without liability to youform of a cashier’s check.
Appears in 1 contract
Samples: Deposit Account Agreement
RIGHT TO FREEZE ACCOUNT. We reserve the right of setoff against your account as permitted by applicable law and/or under this agreement without prior notice to you to repay any debt or obligation owed to us by you or any co-owner of your account. This means that we have the right to apply part or all of the funds in your account for the satisfaction of any debt you or any co-owner of the account owe us. We are autho- rized to charge such indebtedness against your account without regard to the origin of the deposits to the account or the beneficial entitlement to monies deposited, unless applicable law provides otherwise. If your account is an individual account, our setoff right may be exercised ex- ercised to repay your debts, whether they are owed by you individually individ- ually or jointly with others. All To the extent permitted by applicable state law, all of the funds in a joint account may be used to repay the debts of any co-owner, whether they are owed individually by a co-owner, jointly with other co-owners, or jointly with other persons per- sons or entities having no interest in your account. If your account is a partnership account, each partner agrees that we may exercise our right of setoff against the partnership account to satisfy not only the obligations of the partnership, but also the individual obligations ob- ligations of any partner. Debts subject to our right of setoff include those owed by you from another joint account in which you are a co-owner even though the debt may not have been directly incurred in- curred by you, as well as debts for which you are only secondarily liable. Our right of setoff also applies when we cash a third party check for you over the counter which is returned to us unpaid for any reason, provided we return the unpaid check to you. We may exercise our right of setoff even if the withdrawal results in an early withdrawal penalty or the dishonor of subsequent checks. We will not be responsible for dishonoring items presented against your account when the exercise of our right of setoff results in insufficient insuffi- cient funds in your account to cover the items. Our right of setoff may be exercised before or after the death of an account holder. Social SecurityCertain government benefits (for example, Supplemental Security Incomesocial security, Veteranssup- plemental security income, veterans’ and other types of government benefits gov- ernment benefits) are protected by law from legal process and the claims of your creditors’ claims. To the extent that funds deposited in to any deposit account that is subject to our right of setoff are entitled to any exemption from execution, levy, attachment, garnishment, seizure, setoff or other legal or equitable process (including, but not limited to, any Social Securitysocial security, Supplemental Security Incomesupplemental security income, Veterans’ veterans or other federal or state benefits), then to the maximum extent permitted by law you hereby knowingly, affirmatively and unequivocally waive such exemption and consent to our exercise of our right of setoff against such funds. This means, for example, that we may use such funds in your account to the maximum extent permitted by lawpay overdrafts, account service fees and charges and other amounts you (or any other account owner) owe us. We also have the right to “freeze” or place a “hold” on your account (i.e., not permit any withdrawal) and/or to prevent any deposits from being made to your account, for a reasonable period of time, when (i) we have the right of setoff, (ii) there are claims or disputes concerning your account, or (iii) we in good faith believe we either have a claim against you or the funds in your account, or something some- thing has occurred or is reasonably expected to occur which will result re- xxxx in our having a claim against you or the funds in your account. This paragraph shall not be enforced in violation of applicable law. MISCELLANEOUS POWERS OF ATTORNEY We may, at our discretion, decline to recognize or honor any power of attorney with respect If we charge off your account and close it due to your account. If failure to pay off a negative balance, then to the extent permissible by law we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive and have a reasonable opportunity to act upon notice of your death or written notice of the revocation or termination of the power of attorney. On a case-by-case basis, we reserve the right as necessary to restrict the nature apply any subsequent deposits or size of the transactions we will permit your attorney-in-fact to conduct on your behalf. TRANSFER OR ASSIGNMENT OF YOUR ACCOUNT/ LEGAL PROCESS AGAINST ACCOUNT Your account is solely for the use of the owner(scredits (electronic or otherwise) of the account. We will not recognize the validity of any assignment of your account or transfer of funds in your account unless we give our prior consent and such consent as well as the assignment or transfer is entered in our records. We reserve the right to ignore or reject any attempted pledge, assignment, or purported security interest in any account. Any pledge, assignment, or security interest we permit will remain subject to our prior right of setoff. If legal action such as a levy, attachment, execution, garnishment, etc. is brought against your account, we may refuse to pay out any money from your account until the dispute is resolved. If your account is attached, executed upon, garnished or otherwise subject to levy, we will not be liable to you for any sums we pay because of such attachment, execution, garnishment or other levy, even if paying the money from your account leaves insufficient funds to pay checks you have written or other items presented for payment against your account. If we incur any expense, including attorneys’ fees, in responding to an attachment, execution, garnishment or other levy that is not otherwise reimbursed, we may charge such expense related to your account without prior notice to you. If there are insufficient funds in your account to reimburse us fully, you will be liable for the balance. Any attachment, execution, garnishment or other levy as setoff against your account is subject charged off amount and, if applicable, mail any funds remaining to our right you at your address of setoff. Although Social Security, Supplemental Security Income, Veterans’ and other types of government benefits are protected by law from legal process and the claims of your creditors, it is your responsibility (and not ours) to raise the protected status of funds on deposit as a defense. We are under no duty to contest on your behalf any execution, levy, attachment, garnishment, seizure or other legal or equitable process asserted against you or your account and may take such action to comply with any such process as we determine to be appropriate and lawful record in the circumstances, without regard to whether the funds on deposit are protected and without liability to you.form of a cashier’s check. • Powers of Attorney
Appears in 1 contract
Samples: Deposit Account Agreement