7-4A-305
Section 7-4A-305 Liability for late or improper execution or failure to execute payment order.
(a) If a funds transfer is completed but execution of a payment order by the receiving bank
in breach of Section 7-4A-302 results in delay in payment to the beneficiary, the bank is
obliged to pay interest to either the originator or the beneficiary of the funds transfer
for the period of delay caused by the improper execution. Except as provided in subsection
(c), additional damages are not recoverable. (b) If execution of a payment order by a receiving
bank in breach of Section 7-4A-302 results in (i) noncompletion of the funds transfer, (ii)
failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment
order that does not comply with the terms of the payment order of the originator, the bank
is liable to the originator for its expenses in the funds transfer and for incidental expenses
and interest losses, to the extent not covered by subsection (a),...
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7-4A-404
Section 7-4A-404 Obligation of beneficiary's bank to pay and give notice to beneficiary. (a)
Subject to Sections 7-4A-211(e), 7-4A-405(d), and 7-4A-405(e), if a beneficiary's bank accepts
a payment order, the bank is obliged to pay the amount of the order to the beneficiary of
the order. Payment is due on the payment date of the order, but if acceptance occurs on the
payment date after the close of the funds-transfer business day of the bank, payment is due
on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary
and receipt of notice of particular circumstances that will give rise to consequential damages
as a result of nonpayment, the beneficiary may recover damages resulting from the refusal
to pay to the extent the bank had notice of the damages, unless the bank proves that it did
not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs...
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7-4A-205
Section 7-4A-205 Erroneous payment orders. (a) If an accepted payment order was transmitted
pursuant to a security procedure for the detection of error and the payment order (i) erroneously
instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed
payment in an amount greater than the amount intended by the sender, or (iii) was an erroneously
transmitted duplicate of a payment order previously sent by the sender, the following rules
apply: (1) If the sender proves that the sender or a person acting on behalf of the sender
pursuant to Section 7-4A-206 complied with the security procedure and that the error would
have been detected if the receiving bank had also complied, the sender is not obliged to pay
the order to the extent stated in paragraphs (2) and (3). (2) If the funds transfer is completed
on the basis of an erroneous payment order described in clause (i) or (iii) of subsection
(a), the sender is not obliged to pay the order and the receiving...
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7-4A-502
Section 7-4A-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 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...
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7-4A-506
Section 7-4A-506 Rate of interest. (a) If, under this article, a receiving bank is obliged
to pay interest with respect to a payment order issued to the bank, the amount payable may
be determined (i) by agreement of the sender and receiving bank, or (ii) by a funds-transfer
system rule if the payment order is transmitted through a funds-transfer system. (b) If the
amount of interest is not determined by an agreement or rule as stated in subsection (a),
the amount is calculated by multiplying the applicable federal funds rate by the amount on
which interest is payable, and then multiplying the product by the number of days for which
interest is payable. The applicable federal funds rate is the average of the federal funds
rates published by the Federal Reserve Bank of New York for each of the days for which interest
is payable divided by 360. The federal funds rate for any day on which a published rate is
not available is the same as the published rate for the next preceding day for...
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7-4A-204
Section 7-4A-204 Refund of payment and duty of customer to report with respect to unauthorized
payment order. (a) If a receiving bank accepts a payment order issued in the name of its customer
as sender which is (i) not authorized and not effective as the order of the customer under
Section 7-4A-202, or (ii) not enforceable, in whole or in part, against the customer under
Section 7-4A-203, the bank shall refund any payment of the payment order received from the
customer to the extent the bank is not entitled to enforce payment and shall pay interest
on the refundable amount calculated from the date the bank received payment to the date of
the refund. However, the customer is not entitled to interest from the bank on the amount
to be refunded if the customer fails to exercise ordinary care to determine that the order
was not authorized by the customer and to notify the bank of the relevant facts within a reasonable
time not exceeding 90 days after the date the customer received...
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7-4A-304
Section 7-4A-304 Duty of sender to report erroneously executed payment order. If the sender
of a payment order that is erroneously executed as stated in Section 7-4A-303 receives notification
from the receiving bank that the order was executed or that the sender's account was debited
with respect to the order, the sender has a duty to exercise ordinary care to determine, on
the basis of information available to the sender, that the order was erroneously executed
and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days
after the notification from the bank was received by the sender. If the sender fails to perform
that duty, the bank is not obliged to pay interest on any amount refundable to the sender
under Section 7-4A-402(d) for the period before the bank learns of the execution error. The
bank is not entitled to any recovery from the sender on account of a failure by the sender
to perform the duty stated in this section. (Acts 1992, 2nd Ex. Sess.,...
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7-4A-403
Section 7-4A-403 Payment by sender to receiving bank. (a) Payment of the sender's obligation
under Section 7-4A-402 to pay the receiving bank occurs as follows: (1) If the sender is a
bank, payment occurs when the receiving bank receives final settlement of the obligation through
a Federal Reserve Bank or through a funds-transfer system. (2) If the sender is a bank and
the sender (i) credited an account of the receiving bank with the sender, or (ii) caused an
account of the receiving bank in another bank to be credited, payment occurs when the credit
is withdrawn, or if not withdrawn, at midnight of the day on which the credit is withdrawable
and the receiving bank learns of that fact. (3) If the receiving bank debits an account of
the sender with the receiving bank, payment occurs when the debit is made to the extent the
debit is covered by a withdrawable credit balance in the account. (b) If the sender and receiving
bank are members of a funds-transfer system that nets obligations...
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16-25-23
Section 16-25-23 Exemptions from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension; an annuity, or a retirement allowance; to the return
of contributions; the pension, annuity or retirement allowance itself; any optional benefit
or any other right accrued or accruing to any person under the provisions of this chapter;
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever, and shall be unassignable except as in this chapter specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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36-27-28
Section 36-27-28 Exemption from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension, an annuity, a retirement allowance or to the return
of contributions, the pension, annuity or retirement allowance itself and any optional benefit
or any other right accrued or accruing to any person under the provisions of this article
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever and shall be unassignable except as in this article specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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