(2) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order, the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
(3) If a beneficiary’s bank has received a payment order for payment to the beneficiary’s account in the bank, the following rules apply:
(a) The bank may credit the beneficiary’s account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account;
(b) The bank may credit the beneficiary’s account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal; and
(c) If creditor process with respect to the beneficiary’s account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
(4) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary’s bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process. [1991 c.442 §33]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 074A - Funds Transfers
Section 74A.1030 - Payment order; definitions.
Section 74A.1040 - Funds transfer; definitions.
Section 74A.1050 - Other definitions.
Section 74A.1060 - Time payment order is received.
Section 74A.1080 - Exclusion of consumer transactions covered by federal law; remittance transfers.
Section 74A.2010 - Security procedure.
Section 74A.2020 - Authorized and verified payment orders.
Section 74A.2030 - Unenforceability of certain verified payment orders.
Section 74A.2050 - Erroneous payment orders.
Section 74A.2070 - Misdescription of beneficiary.
Section 74A.2080 - Misdescription of intermediary bank or beneficiary’s bank.
Section 74A.2090 - Acceptance of payment order.
Section 74A.2100 - Rejection of payment order.
Section 74A.2110 - Cancellation and amendment of payment order.
Section 74A.3010 - Execution and execution date.
Section 74A.3020 - Obligations of receiving bank in execution of payment order.
Section 74A.3030 - Erroneous execution of payment order.
Section 74A.3050 - Liability for late or improper execution or failure to execute payment order.
Section 74A.4020 - Obligation of sender to pay receiving bank.
Section 74A.4030 - Payment by sender to receiving bank.
Section 74A.4040 - Obligation of beneficiary’s bank to pay and give notice to beneficiary.
Section 74A.4050 - Payment by beneficiary’s bank to beneficiary.
Section 74A.4060 - Payment by originator to beneficiary; discharge of underlying obligation.
Section 74A.5010 - Variation by agreement and effect of funds-transfer system rule.
Section 74A.5020 - Creditor process served on receiving bank; setoff by beneficiary’s bank.
Section 74A.5030 - Injunction or restraining order with respect to funds transfer.