57A-4A-502. Creditor process served on receiving bank--Setoff by beneficiary's bank.
(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of a lien, sequestration or similar process issued by or on behalf of a creditor or other claimant with respect to an account.
(b) 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.
(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply:
(1)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.
(2)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.
(3)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.
(d) 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.
Source: SL 1991, ch 397, ยง1.
Structure South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Section 57A-4A-101 - Short title.
Section 57A-4A-102 - Subject matter.
Section 57A-4A-103 - Payment order--Definitions.
Section 57A-4A-104 - Funds transfer--Definitions.
Section 57A-4A-105 - Other definitions.
Section 57A-4A-106 - Time payment order is received.
Section 57A-4A-107 - Federal reserve regulations and operating circulars.
Section 57A-4A-108 - Exclusion of consumer transactions governed by federal law.
Section 57A-4A-201 - Security procedure.
Section 57A-4A-202 - Authorized and verified payment orders.
Section 57A-4A-203 - Unenforceability of certain verified payment orders.
Section 57A-4A-205 - Erroneous payment orders.
Section 57A-4A-207 - Misdescription of beneficiary.
Section 57A-4A-208 - Misdescription of intermediary bank or beneficiary's bank.
Section 57A-4A-209 - Acceptance of payment order.
Section 57A-4A-210 - Rejection of payment order.
Section 57A-4A-211 - Cancellation and amendment of payment order.
Section 57A-4A-212 - Liability and duty of receiving bank regarding unaccepted payment order.
Section 57A-4A-301 - Execution and execution date.
Section 57A-4A-302 - Obligation of receiving bank in execution of payment order.
Section 57A-4A-303 - Erroneous execution of payment order.
Section 57A-4A-305 - Liability for late or improper execution or failure to execute payment order.
Section 57A-4A-401 - Payment date.
Section 57A-4A-402 - Obligation of sender to pay receiving bank.
Section 57A-4A-403 - Payment by sender to receiving bank.
Section 57A-4A-404 - Obligation of beneficiary's bank to pay and give notice to beneficiary.
Section 57A-4A-405 - Payment by beneficiary's bank to beneficiary.
Section 57A-4A-406 - Payment by originator to beneficiary--Discharge of underlying obligation.
Section 57A-4A-501 - Variation by agreement and effect of funds-transfer system rule.
Section 57A-4A-502 - Creditor process served on receiving bank--Setoff by beneficiary's bank.
Section 57A-4A-503 - Injunction or restraining order with respect to funds transfer.
Section 57A-4A-505 - Preclusion of objection to debit of customer's account.