Common use of Payment of Overdrafts Clause in Contracts

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 6 contracts

Sources: Membership & Account Agreement, Membership & Account Agreement, Membership & Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. Overdrafts: We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to a consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Courtesy Pay Fees: We assess a fee each time an item is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop for payment order on any check that we either pay, resulting in an overdraft, or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount which we decline pay because payment of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If item would result in an overdraft had we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on paid it. If we re-credit pay an item in accordance with Courtesy Pay, we will charge you a Courtesy Pay Fee. There is no limit on the total fees we can charge you for overdrafting your account after paying a check or draft over a valid and timely stop payment orderaccount. For an explanation of Courtesy Pay in connection with debit card transactions, you agree please refer back to sign a statement describing the dispute Section C above. 3. Fees Associated with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal actionOverdrawing Your Account – Overdraft Protection Service: There are fees associated with using our Overdraft Protection Service. • Duration of Order. Written stop payment orders are effective for six (6) months and These fees may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effectiveless expensive than Courtesy Pay Fees or NSF Fees. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of If we pay an item may in accordance with our Overdraft Protection Service, we will charge you an Overdraft Protection Fee. If you have elected both the Overdraft Protection Service and Courtesy Pay, there are circumstances wherein you will be stopped, you may remain liable to any item holder, including uscharged both an Overdraft Protection Fee and a Courtesy Pay Fee. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee These circumstances are discussed in failing to stop payment of an item as a result of incorrect information provided by you.greater detail in Section

Appears in 4 contracts

Sources: Account Agreement, Account Agreement, Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. For ATM and one-time debit card transactions, you must consent to the Credit Union's overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member's opt-in choice for overdraft protection and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a planplan with us, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 4 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, transaction or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionunions's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, plan ,in accordance with our overdraft payment policy. Order of Payments. Checks, drafts, items, items and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and Under most circumstances we pay it before that dateitems as they are received throughout the day, you agree that we shall have no liability allowing for credits to you for such paymentthe account to post first if they are received in the same batch with account debits. Checks received via draft in-clearing batches will be sorted and paid based on lowest dollar amount items first, this should result in the fewest overdraft charges to the member. Stop Payment Orders. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft other written instrument drawn on the owner's accountyour account that has not been paid or certified. To You may call us to request a stop payment, but to be binding binding, we may require that the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft item number, and the exact amount of the check or draftitem. This The stop payment order will be effective if we receive the order in time for us to act upon the order. You understand that the exact information is necessary for the credit union our computer system to identify the check or draftitem. If we receive you give us incorrect or incomplete information, or the stop payment order is not received in time for us to act upon it, we will not be responsible for failing to stop payment on the check item and we will not be liable to you or draft. In addition, we must receive sufficient advance notice to any other party for payment of the stop payment order to allow us a reasonable opportunity to act on itdraft. If we re-credit recredit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign transfer to us all of your rights against the payee or other holders of the check or draft, draft and to assist us in any legal action. • Duration ACH and Wire Transfers. This provision applies to funds transfers as defined in Article 4A of Orderthe Uniform Commercial Code and Subpart B of Regulation J of the Board of Governors of the Federal Reserve System. Written stop (e.g., wire transfers). You authorize us to transfer funds according to your instructions ("payment orders order") to and from your designated account(s), or to and from another financial institution. You also authorize us to charge your account for any related fees or service charges. We may require that transfers follow certain security procedures. We will notify you of any such security procedures and you agree that our security procedures are effective for six (6) months commercially reasonable. Cut-off times may apply to the receipt, execution and processing of funds transfers, payment orders, cancellations, and amendments and if received after a cut-off time, may be renewed for additional six (6) month periods by requesting treated as having been received on the next following funds transfer business day. Information about any cut-off times is available upon request. When processing a payment order, payment may be made based solely on the account number provided in writing the payment order, even if that account number identifies a beneficiary other than the stop one that you name in the payment order. Similarly, if the payment order be renewed within a period during which identifies the stop name, routing number and transit number of the beneficiary's financial institution, payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stoppedmade solely on the basis of the routing and transit number, even if those numbers do not correspond to the name of the financial institution that you may remain liable to any item holder, including ussupplied. You agree that your obligation to indemnify and hold pay the credit union harmless from all costs, including attorney's fees, damageswire transfer is not affected if the identifying numbers do not match the named beneficiary or financial institution. You are also responsible for any loss or expenses incurred by a receiving bank which executes or attempts to execute the payment order in reliance on the identifying number you provided. We may also pay wire transfers received by us for your benefit based solely on the account number. We may refuse to accept or execute any payment order, or claims related an amendment or cancellation thereof, and we shall be deemed to our refusing have accepted a payment of an item, including claims of any joint account owner, payee, order or endorsee in failing its amendment or cancellation only upon execution thereof. We may reject or refuse to stop accept or execute a payment of an item as a result of incorrect information provided by you.order if

Appears in 3 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payableOverdrafts. We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to a consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Courtesy Pay Fees. We assess a fee each time an item is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop for payment order on any check that we either pay, resulting in an overdraft, or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount which we decline pay because payment of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If item would result in an overdraft had we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on paid it. If we re-credit pay an item in accordance with Courtesy Pay, we will charge you a Courtesy Pay Fee. There is no limit on the total fees we can charge you for overdrafting your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute account. 3. Fees Associated with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal actionOverdrawing Your Account – Overdraft Transfer Service. • Duration of OrderThere are fees associated with using our Overdraft Transfer Service. Written stop payment orders are effective for six (6) months and These fees may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effectiveless expensive than Courtesy Pay Fees or NSF Fees. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of If we pay an item may in accordance with our Overdraft Transfer Service, we will charge you an Overdraft Transfer Fee. If you have elected both the Overdraft Transfer Service and Courtesy Pay, there are circumstances wherein you will be stopped, charged both an Overdraft Transfer Fee and a Courtesy Pay Fee. These circumstances are discussed in greater detail in Section F. There is no limit to the total fees we can charge you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youfor overdrafting your account.

Appears in 3 contracts

Sources: Membership/Account Agreement, Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payableOverdrafts. We are not obligated to pay any check or draft drawn on your item presented for payment if Your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draftdoes not contain sufficient available funds. If we receive incorrect or incomplete informationpay a transaction that overdraws Your account, we will are not be responsible obligated to continue paying such transactions in the future. We may pay all, some, or none of Your overdrafts, without notice to You. You are liable to us to repay any overdrafts on Your account whether You created them or not. If You do not pay us, and we take collection action against You, You agree to pay for failing any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to stop a consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Courtesy Pay Fees. We assess a fee each time an item is presented for payment on the check that we either pay, resulting in an overdraft, or draft. In addition, which we must receive sufficient advance notice decline pay because payment of the stop payment order to allow us a reasonable opportunity to act on item would result in an overdraft had we paid it. If we re-credit your account after paying pay an item in accordance with Courtesy Pay, we will charge You a check or draft over a valid and timely stop payment order, you agree to sign a statement describing Courtesy Pay Fee. There is no limit on the dispute total fees we can charge You for overdrafting Your account. 3. Fees Associated with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal actionOverdrawing Your Account – Overdraft Transfer Service. • Duration of OrderThere are fees associated with using our Overdraft Transfer Service. Written stop payment orders are effective for six (6) months and These fees may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effectiveless expensive than Courtesy Pay Fees or NSF Fees. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of If we pay an item may in accordance with our Overdraft Transfer Service, we will charge You an Overdraft Transfer Fee. If You have elected both the Overdraft Transfer Service and Courtesy Pay, there are circumstances wherein You will be stopped, you may remain liable charged both an Overdraft Transfer Fee and a Courtesy Pay Fee. These circumstances are discussed in greater detail in Section F. There is no limit to any item holder, including us. the total fees we can charge You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youfor overdrafting Your account.

Appears in 3 contracts

Sources: Arbitration Provision, Arbitration Provision, Arbitration Provision

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient funds available funds to pay an overdraftitem. Your Whether we pay or return the item, your account may be subject to a fee as set forth in the Fee Schedule Disclosure. We may charge a fee each time an item is submitted or resubmitted for each overdraft regardless payment, causing you to be assessed more than one fee as a result of whether we a returned item and resubmission(s) of the returned item. • Overdraft Transfer from Savings - The Credit Union is authorized to charge payments for approved items against the savings in your account. The Credit Union may pay or return such approved items to your account in the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an amount of the resulting overdraft, we do not agree to pay overdrafts plus the fee for overdraft transfers from your savings as set forth in the future Fee Schedule Disclosure. • How Transactions are Posted to Your Account. Basically, there are two types of transactions that affect your account: credits (deposits of money into your account) and may discontinue covering overdrafts debits (payments out of your account). It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any time without noticegiven time. If This section explains generally how and when we pay an overdraft or impose a fee that overdraws post transactions to your account, you agree . − Credits - Deposits are generally added to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that account when we receive them. We mayHowever, at our discretion, pay in some cases when you deposit a check, draft, or item and execute other transactions on the full amount of the deposit may not be available to you at the time of deposit. Please refer to the Funds Availability Policy Disclosure provided at the time you opened your account for details regarding the timing and availability of funds from deposits. − Debits - There are several types of debit transactions. Common debit transactions are generally described below. Keep in any order mind that there are many ways transactions are presented for payment by merchants, and we chooseare not necessarily in control of when transactions are received. o Checks - When you write a check, it is processed through the Federal Reserve system. We receive data files of cashed checks from the Federal Reserve each day. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is are compiled from these data files and paid each day. The Credit Union processes payment of checks as follows: − Checks negotiated in person at one of our branch locations are cleared upon presentment against available funds in the account. − Checks or drafts presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be same day in writing, dated, signed, and must accurately describe the our Share Draft File clear in check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment number order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 3 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are not sufficient is insufficient to pay the full amount of a check, draft, item, transaction, transaction or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if the available balance in your account does not have sufficient available funds is insufficient to pay an overdrafta check, transaction or item. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraftcheck, transaction, or item. For ATM and one-time debit card transactions, you must opt-in to Enhanced Courtesy Pay privileges in order for the transaction amount to be covered. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the Fee Schedule. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your optional overdraft protection plan orprivileges. Accounts with an Overdraft Protection/Line of Credit are protected separately, as disclosed in the Loan Agreement and Disclosure. For accounts without an Overdraft Line of Credit, if the available balance is insufficient to pay the withdrawal, a transfer will be made from your available balance in your Primary Savings account for a minimum of $100.00 or whatever amount necessary to pay the withdrawal and a transfer fee as set forth in the current Fee Schedule. However, no transfer from the savings account will be made if the transfer would leave less than minimum balance in your savings account. If the available balance in your checking account, under this Agreement, is insufficient to pay the entire withdrawal we will look to see if funds are available in your Overdraft Protection/Line of Credit (if you have this service). If funds are not available in your Line of Credit, or you do not have such one, a plantransfer may be made from your primary savings account, if prior authorization is set up, and with applicable fee. If the available balance in accordance with our your primary savings account is insufficient and you are eligible for the Courtesy Pay service, the transaction may be covered under the Courtesy Pay program. Primary savings account is not subject to overdraft payment policyprotection or Courtesy Pay. • Order of PaymentsCourtesy Pay & Enhanced Courtesy Pay Courtesy Pay is a discretionary overdraft protection offered to members in good standing as defined by Lexington. Checks, drafts, itemsThis non-contractual service represents a purely discretionary courtesy or privilege that Lexington may provide to its account owners from time to time, and other transactions which may be withdrawn or withheld by Lexington at any time without prior notice, reason or cause. balance. If your account remains in an overdraft status, we may suspend the payment of items that exceed the account’s available balance until your account is once again in good standing. If your account remains in a negative balance for an extended period of time, this may result in a closed account status. OPT OUT – Courtesy Pay - If you wish not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions to have Lexington use Courtesy Pay on your checking account you must sign our “Opt Out” form or request it in writing. • Credit Union Options and Your Overdraft Liability Lexington’s Courtesy Pay service does not constitute an actual or implied agreement between you and the Credit Union. Nor does it constitute an actual or implied obligation of or by the Credit Union. This represents a discretionary courtesy or privilege that the Credit Union may provide from time to time, and which may be withdrawn or withheld by us at any order we choosetime with out prior notice or reason or cause. The order in which we process checks, drafts, and items and execute other transactions on your account may affect Credit Union reserves the total amount of overdraft fees that may be charged right to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawalsreturn any non-sufficient funds items. You agree not to issue any check or draft that is postdated. If you do issue We may pay a check or draft that on whatever day it is payable presented for payment notwithstanding the date appearing on the check. We may pay checks presented on the same day in any order, which could result in more checks being unpaid in presented in a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payabledifferent order. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. However, we have no obligation or liability to you if we do so. Paid checks will not be returned to you. We will make photocopies available to you of specific paid check upon request. A fee may be associated with each item requested. • Stop Payment Order Request. Any owner Orders o Stop Payment Request on Checks/Share Draft You may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on a check drawn on your account. You must inform the Credit Union of the member account number and at least the check or draftnumber. In addition, we An oral stop is effective for only fourteen (14) days and must receive sufficient advance be followed up with a written notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are that is effective for six (6) months and may be renewed for additional six (6) month periods by requesting months. If you do not confirm the order in writing within that the stop payment order time, it will cease to be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders request are set forth in the our Fee Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although While payment of an the item may be stopped, you may remain liable to any item holderperson, including usLexington, who is a holder of the item despite the stop payment order. You agree to indemnify and hold the credit union Lexington harmless from all costs, including attorney's attorney fees, damages, damages or claims related to our Lexington’s action in refusing payment of an item, including any claims of any joint account owner, payee, payee or endorsee in failing to stop payment of an item as a result of incorrect information provided byyou. o Stop Payment- Teller’s Check Payment on any teller’s check or any other check, or payment guaranteed by youus may be stopped only according to the provisions of Section 4-403 of the Uniform Commercial Code as enacted by the state of New York. Contact the branch for more information. Lexington may refuse to accept any check or draft drawn on your account that is presented for payment in person. Such refusal shall not constitute a wrongful dishonor of the check or draft and we shall have no liability for refusing payment. You agree that we may charge a fee to any person or entity presenting a check drawn on your account for cashing.

Appears in 2 contracts

Sources: Membership Agreement, Membership Agreement

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are is not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have a sufficient available funds balance in order to pay an overdraftitem. Your account may be subject to a charge fee for each overdraft item regardless of whether we pay or return the overdraftitem. We may charge a fee each time an item is submitted or resubmitted for payment; therefore, you may be assessed more than one fee as a result of a returned item and resubmission(s) of the returned item. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic ▇▇▇▇ payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions areshown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 2 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds in order to pay an overdraftitem. Your account may be subject to a charge for each overdraft item regardless of whether we pay or return the overdraftitem. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic ▇▇▇▇ payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 2 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. For ATM and one-time debit transactions, you must consent to the Credit Union's overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member's opt-in choice for overdraft protection and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a planplan with us, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 2 contracts

Sources: Membership Agreement, Membership Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, transaction or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's ’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's ’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. For ATM and one-time debit transactions, you must consent to the credit union's overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the credit union may not authorize and pay an overdraft resulting from these types of transactions. Because we may charge a service fee for an NSF item each time it is presented, we may charge you more than one service fee for any given item. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions OVERDRAFTS – ATM AND DEBIT CARD – If an overdraft is needed to cover your ATM or Debit card transaction we may not be processed in the order that you make them or in the order that we receive them. We may, pay it at our discretion, pay a check, draft, or item and execute other transactions on your account . You must opt-in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your accountreceive this potential coverage. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the see Schedule of Fees and Charges. You may If we do not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may authorize and pay the overdraft your transaction will be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youdenied.

Appears in 2 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check item presented for payment against your account if your account does not have enough available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that is presented more than six (6) months past its datewhether you created them or not. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signedIf you do not pay us, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment ordertake collection action against you, you agree to sign pay for any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to a statement describing consumer reporting agency. YOUR CHECKING ACCOUNT BALANCE. Your checking account has two kinds of balances: the dispute with “actual” balance and the payee“available” balance. Both can be checked when you review your account online, at a Credit Union-owned ATM, by phone, or at a branch. It is important to assign understand how the two balances work so that you know how much money is in your account at any given time. This section explains actual and available balances and how they work. HOW TRANSACTIONS ARE POSTED TO YOUR ACCOUNT. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or withdrawals out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account. AUTHORIZATION HOLDS FOR DEBIT CARD TRANSACTIONS. When you use your debit card to pay for goods or services, the merchant may seek our prior authorization for the transaction. When we authorize the transaction, we commit to make the requested funds available when the transaction finally posts and as such, we generally place a temporary hold against some or all of the funds in the account linked to your debit card. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We refer to this temporary hold as an “authorization hold,” and the amount of the authorization hold will be subtracted from your available balance as they are received by us throughout each day. At some point after you complete the transaction, it is processed by the merchant and submitted to us all for payment. This can happen hours or sometimes days after your transaction, depending on the merchant and its processing company. These payment requests are received in real time throughout the day and are posted to your account as they are received. OPTIONAL OVERDRAFT PROTECTION PLANS. We offer optional overdraft protection plans such as an Overdraft Transfer Service where funds from an eligible linked account are used for overdraft protection, or you may apply for a personal Line of Credit or Credit Card loan account where your rights against line of credit or credit card is used for overdraft protection. If you apply and qualify for these optional services, we will look first to these services for overdraft protection before applying our discretionary Courtesy Pay service when your account is overdrawn. The Overdraft Transfer Service plan, Line of Credit and Credit Card may save you money on the payee or other holders of the check or draft, and to assist total fees you pay us in any legal actionfor overdraft protection. • Duration Overdraft Transfer Service. With this service, you authorize us to make transfers of Orderavailable funds automatically from your eligible linked account to cover overdrafts in your checking account. Written stop payment orders Transfers from your eligible linked account are effective made in $100.00 increments as needed to pay the overdraft and fees. Savings accounts are automatically set up for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effectivethis service. We are not required You must request to notify you when a stop payment order expireslink any other eligible account. • LiabilityLine of Credit. Fees for stop payment orders are set forth This is a revolving line of credit, which is available to members meeting certain credit requirements. With this plan, you authorize us to automatically advance in the Schedule $100.00 increments from your Line of Fees and ChargesCredit (linked to your checking account) to cover your overdraft, up to your credit limit. You may not stop payment on must repay what you have borrowed in full or in minimum monthly payments (in addition to any certified checklate charges, cashier's check, teller's check, or any other check, draft, or payment guaranteed by usfinance charges and annual fees). Although payment If you apply for the Line of an item may be stoppedCredit, you may remain liable will be provided with our Line of Credit Agreement, which contains the terms and conditions applicable to the Line of Credit. You must request to link your Line of Credit loan for this service. • Credit Card. This is a revolving loan, which is available to members meeting certain credit requirements. With this plan, you authorize us to automatically advance in $100.00 increments from your Credit Card (linked to your checking account) to cover your overdraft, up to your credit limit. You must repay what you have borrowed in full or in minimum monthly payments (in addition to any item holderlate charges, including usfinance charges and annual fees). If you apply for the Credit Card, you will be provided with a separate Agreement, which contains the terms and conditions applicable to the Credit Card. You agree must request to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youlink your Credit Card loan for this service.

Appears in 2 contracts

Sources: Member Account Agreements and Disclosures, Member Account Agreements and Disclosures

Payment of Overdrafts. IfAn overdraft of your account can occur if, on any day, the available funds in your share or deposit account are not sufficient or you do not have enough money in your account to pay the full amount of a check, draft, item, transaction, or other items posted item (collectively referred to your account as “Item”), plus any applicable fee ("overdraft")that is posted to your account. Should there be an overdraft of your account, we may pay or return the Item or pay it, as described below, even if you have an overdraft protection plan or other overdraft service. We are not required to pay any Item that exceeds the available balance in your account. THE CREDIT UNION USES YOUR AVAILABLE BALANCE TO CALCULATE WHETHER YOU HAVE SUFFICIENT FUNDS TO PAY ITEMS, INCLUDING CHECKS AND DRAFTS, AS WELL AS ACH, DEBIT CARD AND OTHER ELECTRONIC TRANSACTIONS. Your checking account has two kinds of balances: the “current balance” and the “available balance.” Your current balance reflects the full amount of all settled deposits to your account as well as settled payment transactions that have been posted to your account. It does not reflect checks you have written and are still outstanding or transactions that have been authorized but are still pending. Your available balance is the amount of money in your account that is available for you to use. An available balance is based on transactions that institutions have authorized (and therefore are obligated to pay) but not yet settled, along with settled transactions. The available balance for your account is determined according to our Funds Availability Policy Disclosure. Pending transactions and holds placed on your account may reduce your available balance and may cause your account to become overdrawn regardless of your current balance. You should assume that any Item which would overdraw your account based on your available balance may create an overdraft. You may check your available and current balance online at ▇▇▇.▇▇▇▇▇▇.▇▇▇, at an ATM, by visiting a credit union branch or by calling us at (▇▇▇) ▇▇▇-▇▇▇▇ or toll free at (800) 216- 2666. The credit union's following illustrates the difference between current balance and available balance: • If a member has a $100.00 current balance but uses his/her debit card to buy dinner for $40.00, then there is a pre-authorization hold on his/her account (at the request of the restaurant), and his/her available balance (the money he/she has left to use) is $60.00. In other words, the $40.00, which the member just spent, is no longer available for use. His/her current balance is still $100.00 until the restaurant charge is submitted and posted to his/her account. • On the deposit side, if the Credit Union chooses to put a hold on a check, for example, an out-of-state check in the amount of $5,000.00, the hold will be placed on the entire amount of the check. In this example, his/her available balance is $0.00 and his/her current balance is $5,000.00. The Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds in order to pay an overdraftItem. Your account may be subject to a charge fee (currently $25.00 pursuant to the Business Account Schedule of Fees and Charges; this fee may change in the future) for each overdraft Item regardless of whether we pay or return the overdraftItem. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose We will charge a fee that overdraws your account, you agree each time an Item is submitted or resubmitted to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such Credit Union for payment (an Item can be resubmitted to the Credit Union for payment a plan, in accordance with our overdraft payment policy. • Order maximum of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stoppedtwo times); therefore, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item be assessed more than one fee as a result of incorrect information provided by youa returned Item and resubmission(s) of the returned Item.

Appears in 2 contracts

Sources: Business Membership and Account Agreement, Business Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, transaction or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's ’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's ’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. For ATM and one-time debit transactions, you must consent to the credit union's overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the credit union may not authorize and pay an overdraft resulting from these types of transactions. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions OVERDRAFTS – ATM AND DEBIT CARD – If an overdraft is needed to cover your ATM or Debit card transaction we may not be processed in the order that you make them or in the order that we receive them. We may, pay it at our discretion, pay a check, draft, or item and execute other transactions on your account . You must opt-in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your accountreceive this potential coverage. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the see Schedule of Fees and Charges. You may If we do not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may authorize and pay the overdraft your transaction will be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youdenied.

Appears in 2 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for our costs of collection. We may close, without notice, any account with excessive insufficient funds activity, and report the account to a consumer reporting agency. We assess a fee for each item that we either pay, which results in an overdraft, or do not pay, which would have resulted in an overdraft had we paid it. The fees that we may assess are as follows: • If we pay an item in accordance with our Overdraft Privilege Service and the payment of such item does not result in you exceeding your Overdraft Privilege Service limit (described in more detail below), we will charge an Overdraft Privilege Fee of $30. • If we pay an item in accordance with the Overdraft Privilege Service and the payment of such item results in you exceeding your Overdraft Privilege Service limit, we will charge an Overdrawn Account Fee of $30. • If we pay an item, and you are not eligible for, or have opted out of, the Overdraft Privilege Service, we will charge an Overdrawn Account Fee of $30. • If we return an item, we will charge a Non-sufficient Funds (NSF) Fee of $30. Refer to the Schedule of Fees for a listing of fees, which is updated periodically. We limit the number of Overdraft Privilege Fees we charge in a business day. The maximum number of Overdraft Privilege Fees that will be charged in one day is five (5). We recommend that you enroll in one of the optional overdraft protection plans described below. These plans can help you avoid overdrafts and returned items. While fees apply when you use an optional overdraft protection plan, the fees under the plan are less expensive than NSF and Overdraft Privilege Fees. Refer to the “Optional Overdraft Protection Plans” section below for more information. Your actual balance is the amount of money that is actually in your account at any given time, but not all funds included in the actual balance are considered available for transactions on your account. The actual balance may also be referred to as your “current ledger balance,” “current balance,” “ledger balance” or simply “balance” when using any of our electronic services, such as telephone banking, online banking, mobile banking or at Credit Union-owned ATMs. Your actual balance reflects transactions that have posted to your account, but not transactions that have been authorized and are pending or pending deposits that are subject to holds under our Funds Availability Policy. While the term “actual” may sound as though the number you see is an up-to-date indication of what is in your account that you can spend, that is not always the case. Your actual balance will not reflect any purchases, holds, fees, other charges, or deposits made on your account that have not yet posted. For example, if you have a $50 actual balance, but you just wrote a check for $40, then your actual balance is $50 but it does not reflect the pending check transaction. So at that point, you have an actual balance of $50, but you have already spent $40. Your available balance is the amount of money in your account that is available to you to use without incurring an overdraft fee. The available balance takes into account factors such as holds placed on deposits and pending transactions (such as pending debit card purchases) that the Credit Union has authorized but that have not yet posted to your account. For example, assume you have an actual balance of $50 and an available balance of $50. If you were to use your debit card at a restaurant to buy lunch for $20, then that merchant could ask us to preauthorize the payment in that amount (or draft even a different amount). Under this example, if the merchant requested preauthorization in the amount of $20, we will place a “hold” on your account for $20 (referred to as an “authorization hold”). Your actual balance would still be $50 because this transaction has not yet posted, but your available balance would be $30 because of the restaurant’s preauthorization request that resulted in an authorization hold on $20 in your account. When the restaurant submits its bill for payment (which could be a few days later and for a different amount than the amount of the authorization hold), we will post the transaction to your account and your actual balance will be reduced by the amount of the posted transaction. We use your available balance to determine when your account is overdrawn. The following example illustrates how this works: Assume your actual and available balance are both $50, and you use your debit card at a merchant for $20. If the merchant requests preauthorization in the amount of $20, an authorization hold is placed on $20 in your account, so your available balance is only $30. Your actual balance would remain $50. Before the merchant charge is sent to us for payment, a check that you wrote for $40 clears. Because your available balance is only $30 (due to the authorization hold of $20), your account will be overdrawn by $10, even though your actual balance is $50. In this case, we may pay the $40 check, but you will be charged an Overdraft Privilege Fee of $30. That fee will be deducted from your account, further increasing the overdrawn amount. Your account is considered overdrawn when the available balance in your account is negative (less than $0). YOU ACKNOWLEDGE THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one-time debit card transaction for payment within three (3) business days of authorization (or for up to thirty (30) business days for certain types of debit card transactions, including but not limited to car rental transactions and international transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released, which generally occurs when the transaction has been received by us and paid from your account. Refer to the section entitled “Authorization Holds for Debit Card Transactions” below for information about how authorization holds affect your available balance. Finally, your available balance may not reflect the most recent deposits to your account. Refer to our Funds Availability Policy for information regarding the availability for withdrawal of your deposits. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account. We can receive credit and debit transactions in different forms at various times each business day. We reserve the right to determine the timing and order in which such transactions are posted to your account to the extent permitted by law. We determine the order in which we process and post credits and debits to your account based on a number of factors. We may pay or authorize some transactions, and decline or return others, in any order we deem appropriate to the extent permitted by law. When the available balance in your account is not sufficient to cover all of the transactions presented that day, some posting orders can result in more returned items and more overdraft and returned item fees than other posting orders. Some items are received by us individually and others are received in batches at various times each business day. Items that we currently receive individually include ATM withdrawals, point-of-sale (POS) transactions, and teller transactions. These individual items are generally posted to your account as they are received by us each business day. Items that we currently receive in batches include checks drawn on your account that is presented more than six (6) months past its dateby other financial institutions, “on us” checks, and ACH and debit card transactions. • Stop Payment Order Request. Any owner may request a stop payment order If multiple checks are presented on any given day, they are cleared in check order sequence, beginning with lower check numbers clearing first, followed by higher check numbers. We generally post batched transactions as they are received throughout each business day (subject to certain exceptions). For non-check batched transactions, we receive at the same time on a particular business day, we will generally post those non-check batched transactions in the order received. The order in which items are posted to your account will depend on a number of factors. For example, in connection with our item posting process, we reserve the right to: (i) establish different categories of items, (ii) establish a posting order for each category of item(s), (iii) establish different posting orders for items within each category, and (iv) change the timing of when items are posted during the day and whether they are posted individually or draft drawn in batches. Except to the extent limited by applicable law, we have the right to change any of the factors described in (i), (ii), (iii) and (iv) listed above at any time without notice to you. When you use your debit card to pay for goods or services, the merchant may seek preauthorization from us for the transaction. When we preauthorize the transaction, we commit to make the requested funds available when the transaction finally posts and as such, we generally place a temporary hold against some or all of the funds in the account linked to your debit card, based on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check preauthorization request from the merchant. We refer to this temporary hold as an “authorization hold,” and the amount of the authorization hold will be subtracted from your available balance as authorization requests are received by us throughout each day. Until the transaction finally settles or draft. This exact information is necessary we otherwise remove the hold (for the credit union to identify the check or draft. If we receive incorrect or incomplete informationexample, we may remove the hold because it exceeds the time permitted, as discussed below, or we determine that it is unlikely to be processed), the funds subject to the hold will not be responsible available to you for failing other purposes. At some point after you sign for the transaction, it is processed by the merchant and submitted to stop payment us for payment. This can happen hours or sometimes days after you signed for it, depending on the check merchant and its processing company. These payment requests are received in real time throughout the day and are posted to your account as they are received. The amount of an authorization hold may differ from the actual transaction amount because the actual transaction amount may not yet be known to the merchant when the authorization request is submitted. For example, this can happen in connection with transactions where your debit card is swiped before your actual transaction amount is known, such as at a restaurant or draftgas station (e.g., at a restaurant, you may choose to add a tip to the transaction amount). For these types of transactions, there may be no authorization hold, or the amount of the authorization hold may be different from the transaction amount. In addition, some other cases we must may not receive sufficient advance notice of an authorization request from the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draftmerchant, and there will be no authorization hold reflected in your available balance. We cannot control how much a merchant asks us to assist us in any legal action. • Duration of Order. Written stop payment orders are effective authorize, or when a merchant submits a transaction for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effectivepayment. We are not required permitted to notify you when a stop payment order expires. • Liability. Fees place an authorization hold on your account for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, up to three (3) business days (or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable for up to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.thirty

Appears in 2 contracts

Sources: Member Account Agreement and Disclosure, Member Account Agreement and Disclosure

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are is not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have a sufficient available funds balance in order to pay an overdraftitem. Your account may be subject to a charge fee for each overdraft item regardless of whether we pay or return the overdraftitem. We may charge a fee each time an item is submitted or resubmitted for payment; therefore, you may be assessed more than one fee as a result of a returned item and resubmission(s) of the returned item. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic bill payments; (3) and ACH transactions. For ATM and one- time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, If on any day, the available funds in your share or deposit checking account are not sufficient to pay the full amount of a check, draft, item, transaction, or cover checks and other items posted to your account plus any applicable fee ("overdraft")account, we may pay those checks and items will be handled in accordance with our overdraft procedures or return the overdraftan overdraft protection plan you have with us. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have The Credit Union has no duty to notify you if your account does not have sufficient available of an insufficient funds to pay item. The Credit Union may charge a fee for an overdraft. Your account may be subject to a charge for each overdraft regardless insufficient funds item whether paid or returned as set forth in the “Rate Addendum and Schedule of whether we pay or return the overdraft. Fees and Charges.” Except as otherwise agreed to in writing, if we exercise our right to use our discretion to pay an the Credit Union, by covering one or any overdraft, we do does not agree to pay cover overdrafts in the future and may discontinue covering overdrafts at any time without noticetime. If we pay the Credit Union pays an overdraft or impose a fee item that overdraws would otherwise overdraw your account, you agree to pay the overdrawn overdraft amount in accordance with your overdraft protection plan orimmediately. We reserve the right to pursue collection of previously dishonored items at any time, if you do not have such including giving a plan, in accordance with our overdraft payment policypayor bank extra time beyond any deadline limits. Order of Payments. Checks, drafts, items, items and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. Postdated and Stale dated checks or drafts. You agree not to issue any check or draft that is payable on a future date (postdated). If you do issue a check or draft that is payable on a future date postdated and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. STOP PAYMENT ORDERS Stop Payment Order Request. Any owner You may ask the Credit Union to stop payment on any check drawn upon your checking account. You may request a stop payment order on any check by telephone, by mail, fax or draft drawn on in person. The stop payment will be effective if the owner's account. To be binding Credit Union receives the order must be in writingtime for the Credit Union to act upon the order and you state the number of the account, dated, signeddate, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount number of the check or draftand its exact amount. This exact information Our cut--off time for stop payment orders is necessary for one hour after our opening on the credit union next business day after the banking day in which we received your check. If you request us to identify the check or draftstop payment on an item orally, we may request that you confirm your stop payment order in writing. If we do not receive your written confirmation of the stop payment order within 14 days, your stop payment order will no longer be effective. If you give the Credit Union incorrect or incomplete information, we the Credit Union will not be responsible for failing to stop payment on the check or draftitem. In addition, we must receive sufficient advance notice of If the stop payment order to allow us a reasonable opportunity is not received in time for the Credit Union to act on itupon the order, the Credit Union will not be liable to you or to any other party for payment of the item. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us transfer all of your rights against the payee or other holders of the check or draftto the Credit Union, and to assist us the Credit Union in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that action taken against the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youperson.

Appears in 1 contract

Sources: Master Account Agreement

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are not sufficient is insufficient to pay the full amount of a check, draft, item, transaction, transaction or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if the available balance in your account does not have sufficient available funds is insufficient to pay an overdrafta check, transaction or item. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraftcheck, transaction, or item. For ATM and one-time debit card transactions, you must opt-in to Courtesy Pay Select privileges in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the Courtesy Pay Select Opt-In Form used to capture the member’s opt-in choice for overdraft protection and the Rate and Fee Schedule. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your optional overdraft protection plan orprivileges. Accounts with an Overdraft Protection/Line of Credit are protected separately, as disclosed in the Overdraft Line of Credit Agreement and Disclosure. For accounts without an Overdraft Line of Credit, if the available balance is insufficient to pay the withdrawal, a transfer will be made from your available balance in your Primary Savings account for the amount necessary (when added to the amount available in your checking account and transferred under this Agreement) to pay the withdrawal and a transfer fee as set forth in the current Rate and Fee Schedule. If the available balance in your checking account, under this Agreement, is insufficient to pay the entire withdrawal we will look to see if funds are available in your Overdraft Protection/Line of Credit (if you have this service). If funds are not available in your Line of Credit, or you do not have such one, a plantransfer will be made from your Primary Savings account. If the available balance in your Primary Savings account is insufficient and you are eligible for the Courtesy Pay service, in accordance with our overdraft payment policythe transaction may be covered under the Courtesy Pay program. • Order of PaymentsPlease refer to the Courtesy Pay (15b.) section below for more information regarding Courtesy Pay. Checks, drafts, items, and other transactions may not be processed in the order that If you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions anyone authorized on your account requests to make a withdrawal from your Primary Savings account in any order excess of the available balance in that account, we choose. The order will look to see if funds are available in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount Overdraft Protection/Line of overdraft fees that may be charged to your account. Please contact us Credit (if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdatedthis service). If funds are not available in your Line of Credit, or you do issue not have one, a check or draft that is payable on transfer will be made from your checking account and a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn transfer fee as set forth on the owner's account. To be binding the order must be in writing, dated, signed, Rate and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draftFee Schedule. If we receive incorrect or incomplete informationthe available balance in your checking account is insufficient, we the item will not be responsible for failing returned due to stop payment on insufficient funds and an Insufficient Funds fee will be applied according to the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid Rate and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youFee Schedule.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for our costs of collection. We may close, without notice, any account with excessive insufficient funds activity, and report the account to a consumer reporting agency. We assess a fee for each item that we either pay, which results in an overdraft, or do not pay, which would have resulted in an overdraft had we paid it. If we pay an item in accordance with our Courtesy Pay Service (described in more detail below), we will charge a Courtesy Pay Fee of $29. If we return an item, we will charge a Non-sufficient Funds (NSF) Fee of $29. Refer to the Fees brochure for a listing of fees, which is updated periodically. We limit the number of NSF and Courtesy Pay Fees we charge in a business day. We will not charge a fee if your ending account balance is overdrawn by $5 or less. Additionally, even if your ending account balance is overdrawn we will not charge a fee for any item that is $5 or less. The maximum number of overdrafts due to insufficient or unavailable funds that will be subject to overdraft charges in one day is five (5). We will charge an Extended Overdraft Fee for any overdraft balances that you have not repaid within fifteen (15) consecutive days. We recommend that you enroll in one of the optional overdraft protection plans described below. These plans can help you avoid overdrafts and returned items. While fees apply when you use an optional overdraft protection plan, the fees under the plan are less expensive than NSF and Courtesy Pay Fees. Refer to the “Optional Overdraft Protection Plans” section below for more information. Your actual balance is the amount of money that is actually in your account at any given time, but not all funds included in this balance are considered accessible for transactions on your account. The actual balance is also referred to as: (a) your “Account Balance” on Credit Union ATM screens; and (b) your “Balance” or “Account Balance” in online banking, and (c) your “Current” balance in mobile banking. Your actual balance reflects transactions that have posted to your account, but not transactions that have been authorized and are pending or pending deposits that are subject to holds under our Funds Availability Policy. While the term “actual” may sound as though the number you see is an up-to-date indication of what is in your account that you can spend, that is not always the case. Your actual balance will not reflect any purchases, holds, fees, other charges, or deposits made on your account that have not yet posted. For example, if you have a $50 actual balance, but you just wrote a check for $40, then your actual balance is $50 but it does not reflect the pending check transaction. So at that point, you have an actual balance of $50, but you have already spent $40. Your available balance is the amount of money in your account that is available to you to use without incurring an overdraft fee. The available balance takes into account factors such as holds placed on deposits and pending transactions (such as pending debit card purchases) that the Credit Union has authorized but that have not yet posted to your account. For example, assume you have an actual balance of $50 and an available balance of $50. If you were to use your debit card at a restaurant to buy lunch for $20, then that merchant could ask us to pre-authorize the payment in that amount (or draft even a different amount). Under this example, if the merchant requested preauthorization in the amount of $20, we will place a “hold” on your account for $20 (referred to as an “authorization hold”). Your actual balance would still be $50 because this transaction has not yet posted, but your available balance would be $30 because of the restaurant’s preauthorization request that resulted in an authorization hold on $20 in your account. When the restaurant submits its bill for payment (which could be a few days later and for a different amount than the amount of the authorization hold), we will post the transaction to your account and your actual balance will be reduced by the amount of the posted transaction. We use your available balance to determine when your account is overdrawn. The following example illustrates how this works: Assume your actual and available balance are both $50, and you use your debit card at a restaurant for $20. If the restaurant requests preauthorization in the amount of $20, an authorization hold is placed on $20 in your account, so your available balance is only $30. Your actual balance would remain $50. Before the restaurant charge is sent to us for payment, a check that you wrote for $40 clears. Because your available balance is only $30 (due to the authorization hold of $20), your account will be overdrawn by $10, even though your actual balance is $50. In this case, we may pay the $40 check, but you will be charged a Courtesy Pay Fee of $29. That fee will be deducted from your account, further increasing the overdrawn amount. Your account is considered overdrawn when the available balance in your account is negative (less than $0). TRANSACTION THAT YOU WANT TO MAKE. This is because your available balance may not reflect all your outstanding checks, automatic bill payments that you have authorized, or other outstanding transactions that have not yet been paid from your account. In the example above, the outstanding check will not be reflected in your available balance until it is presented to us and paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one-time debit card transaction for payment within three (3) business days of authorization (or for up to thirty (30) business days for certain types of debit card transactions, including but not limited to car rental transactions, cash transactions and international transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released, which generally occurs when the transaction has been received by us and paid from your account. Refer to the section entitled “Authorization Holds for Debit Card Transactions” below for information about how authorization holds affect your available balance. Finally, your available balance may not reflect the most recent deposits to your account. Refer to our Funds Availability Policy for information regarding the availability for withdrawal of your deposits. basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account. We can receive credit and debit transactions in different forms at various times each business day. We reserve the right to determine the timing and order in which such transactions are posted to your account to the extent permitted by law. We determine the order in which we process and post credits and debits to your account based on a number of factors. We may pay or authorize some transactions, and decline or return others, in any order we deem appropriate to the extent permitted by law. When the available balance in your account is not sufficient to cover all of the transactions presented that day, some posting orders can result in more returned items and more overdraft and returned item fees than other posting orders. Some items are received by us individually and others are received in batches at various times each business day. Items that we currently receive individually include ATM withdrawals, point-of-sale (POS) transactions, and teller transactions. These individual items are generally posted to your account as they are received by us each business day. Items that we currently receive in batches include checks drawn on your account that is presented more than six (6) months past its dateby other financial institutions, “on us” checks, and ACH transactions. • Stop Payment Order Request. Any owner may request Items within a stop payment order batch presented at the same time on any check or draft drawn on the owner's accountgiven day are cleared in dollar amount order, lowest to highest amount, beginning with lower dollar amounts clearing first, followed by higher dollar amounts. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draftWe generally post batched transactions as they are received throughout each business day (subject to certain exceptions). This exact information is necessary for the credit union to identify the check or draft. If For ACH batch transactions we receive incorrect or incomplete informationat the same time on a particular business day, we will not be responsible for failing generally post credits first and the debit items in low-to-high dollar amounts. The order in which items are posted to stop payment your account will depend on the check or drafta number of factors. In additionFor example, in connection with our item posting process, we must receive sufficient advance notice reserve the right to: (i) establish different categories of the stop payment items, (ii) establish a posting order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment orderfor each category of item(s), you agree to sign a statement describing the dispute with the payee(iii) establish different posting orders for items within each category, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.and

Appears in 1 contract

Sources: Master Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. If we do not authorize and pay an overdraft, then we decline or return the transaction unpaid. The Schedule of Fees and Charges for your account explains when we charge you fees for overdraft and for declined or returned items and the dollar amount of the fees. Please review your Schedule of Fees and Charges for your account carefully. You are liable to us to repay any overdrafts on your account that is presented more than six (6) months past its datewhether you created them or not. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signedIf you do not pay us, and must accurately describe the check or draftwe take collection action against you, including the exact you agree to pay for our costs of collection. We may close, without notice, any account number, check or draft numberwith excessive insufficient funds activity, and report the exact amount of the check account to a consumer reporting agency. 2. We assess a fee for each item that we either pay, which results in an overdraft, or draft. This exact information is necessary for the credit union to identify the check or draft. If do not pay, which would have resulted in an overdraft had we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on paid it. If we re-credit your account after paying a check or draft over a valid and timely stop payment orderpay an item in accordance with our Courtesy Pay System (described in more detail below), you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth we will charge Courtesy Pay Fee as disclosed in the Schedule of Fees and Charges. 3. You may We do not stop payment on any certified checklimit the number of NSF, cashier's check, teller's check, or any other check, draft, or payment guaranteed by usCourtesy Pay and Overdraft Fees we charge in a business day. Although payment of We will not charge a fee if an item may be stoppedpresented results in a balance that is overdrawn by $5 or less. We will charge a Negative Account Balance Fee for any overdraft balances that you have not repaid within five (5) business days in the amount disclosed in the Schedule of Fees and Charges. 4. We recommend that you enroll in one of the optional overdraft protection plans described below. These plans can help you avoid overdrafts and returned items. While fees apply when you use an optional overdraft protection plan, you may remain liable to any item holder, including us. You agree to indemnify the fees under the plan are less expensive than NSF and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youCourtesy Pay Fees.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, transaction or other items posted to your account plus any applicable fee ("overdraft")that is posted to your account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraftitem. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraftitem. (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic bill payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan orservices, or any other service you may have authorized with us, if you do not have such a planprotections with us, in accordance with our overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. Overdrafts: We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to a consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Courtesy Pay Fees: We assess a fee each time an item is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop for payment order on any check that we either pay, resulting in an overdraft, or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount which we decline pay because payment of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If item would result in an overdraft had we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on paid it. If we re-credit pay an item in accordance with Courtesy Pay, we will charge you a Courtesy Pay Fee. There is no limit on the total fees we can charge you for overdrafting your account after paying a check or draft over a valid and timely stop payment orderaccount. For an explanation of Courtesy Pay in connection with debit card transactions, you agree please refer back to sign a statement describing the dispute Section C above. 3. Fees Associated with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal actionOverdrawing Your Account – Overdraft Protection Service: There are fees associated with using our Overdraft Protection Service. • Duration of Order. Written stop payment orders are effective for six (6) months and These fees may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effectiveless expensive than Courtesy Pay Fees or NSF Fees. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of If we pay an item may in accordance with our Overdraft Protection Service, we will charge you an Overdraft Protection Fee. If you have elected both the Overdraft Protection Service and Courtesy Pay, there are circumstances wherein you will be stopped, charged both an Overdraft Protection Fee and a Courtesy Pay Fee. These circumstances are discussed in greater detail in Section F. There is no limit to the total fees we can charge you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youfor overdrafting your account.

Appears in 1 contract

Sources: Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. For ATM and one-time debit transactions, you must consent to the Credit Union’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are show in the document the Credit Union uses to capture member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a planplan with us, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, If on any day, the available funds in your share or deposit checking account are not sufficient to pay the full amount of a check, draft, item, transaction, or cover checks and other items posted to your account plus any applicable fee ("overdraft")account, we those checks and items will be handled in accordance with our overdraft procedures or an overdraft protection plan you may pay or return the overdrafthave with us. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline payment of item with only one (1) review of the account required. We do not have The Credit Union has no duty to notify you if your account does not have sufficient available of an insufficient funds to pay item. The Credit Union may charge a fee for an overdraft. Your account may be subject to a charge for each overdraft regardless of insufficient funds item whether we pay paid or return the overdraft. Except returned as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts set forth in the future Rate Addendum and may discontinue covering overdrafts at any time without noticeSchedule of Fees and Charges. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, items and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, check or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items checks and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. POSTDATED AND STALE DATED ITEMS Stop Payment Request. You agree not may ask the Credit Union to issue stop payment on any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such paymentdrawn upon your checking account. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may must request a stop payment order on any check or draft drawn on in writing. The stop payment will be effective if the owner's account. To be binding Credit Union receives the order must be in writingtime for the Credit Union to act upon the order and you state the number of the account, dated, signeddate, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount number of the check or draft. This and its exact information is necessary for the credit union to identify the check or draftamount. If we receive you give the Credit Union incorrect or incomplete information, we the Credit Union will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on ititem. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required received in time for the Credit Union to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in act upon the Schedule of Fees and Charges. You may not stop payment on any certified checkorder, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.Credit Union will not

Appears in 1 contract

Sources: Master Membership Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. For ATM and one-time debit transactions, you must consent to the Credit Union’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a planplan with us, in accordance with our overdraft payment policy. Order of Payments. Checks, drafts, itemstransactions, and other transactions items may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item item, and execute other transactions on your account in any order that we choose. The order in which we process checks, drafts, and items or items, and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts draft and process transfers and withdrawals. Postdated and Staledated Checks or Drafts – You agree not to issue any check or draft that is payable on a future date (postdated). If you do issue a check or draft that is payable on a future date postdated and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or of draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.six

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payableOverdrafts. We are not obligated to pay any check or draft drawn on item presented for payment if your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draftAccount does not contain sufficient available funds. If we receive incorrect or incomplete informationpay a transaction that overdraws your Account, we will are not be responsible for failing obligated to stop payment continue paying such transactions in the future. We may pay all, some, or none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on the check your Account whether you created them or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on itnot. If you do not pay us, and we re-credit your account after paying a check or draft over a valid and timely stop payment ordertake collection action against you, you agree to sign pay for any costs of collection. We may close, without notice, any Account with excessive overdraft activity, and report the Account to a statement describing consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Overdraft Protection. There are no fees associated with our Overdraft Protection. 3. Fees Associated with Overdrawing Your Account – NSF Fees. If we do not pay an item, we will return the dispute with item. There will not be a charge from the payeeCredit Union for an NSF. However, if you have excessive NSF occurrences, we reserve the right to assign to us close your Share Draft/Checking Account. 4. YOU ACKNOWLEDGE THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT AVAILABLE FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. This is because your available balance may not reflect all of your rights against the payee outstanding checks, automatic bill payments that you have authorized, or other holders of the check or draft, and to assist us in any legal actionoutstanding transactions that have not yet been paid from your Account. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stoppedFor example, you may remain liable have written a check that is still outstanding because it has not been submitted for payment by the payee. That check will not be reflected in your available balance until it is presented to any item holder, including us. You agree to indemnify us and hold the credit union harmless paid from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youyour Account.

Appears in 1 contract

Sources: Membership Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payableOverdrafts. We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to a consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Courtesy Pay Fees. We assess a fee each time an item is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop for payment order on any check that we either pay, resulting in an overdraft, or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount which we decline pay because payment of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If item would result in an overdraft had we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on paid it. If we re-credit pay an item in accordance with Courtesy Pay, we will charge you a Courtesy Pay Fee. There is no limit on the total fees we can charge you for overdrafting your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute account. 3. Fees Associated with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal actionOverdrawing Your Account – Overdraft Transfer Service. • Duration of OrderThere are fees associated with using our Overdraft Transfer Service. Written stop payment orders are effective for six (6) months and These fees may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effectiveless expensive than Courtesy Pay Fees or NSF Fees. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of If we pay an item may in accordance with our Overdraft Transfer Service, we will charge you an Overdraft Transfer Fee. Note there are circumstances wherein you could be stopped, you may remain liable charged both an Overdraft Transfer Fee and a Courtesy Pay Fee if both services are utilized to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of pay an item, including claims of any joint account owner, payee, or endorsee . These circumstances are discussed in failing greater detail in Section F. There is no limit to stop payment of an item as a result of incorrect information provided by youthe total fees we can charge you for overdrafting your account.

Appears in 1 contract

Sources: Agreements and Disclosures

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds in order to pay an overdraftitem. Your account may be subject to a charge for each overdraft item regardless of whether we pay or return the overdraftitem. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic bill payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, electronic transaction or other items item posted to your account plus any applicable fee ("overdraftOverdraft"), we may pay or return the overdraftOverdraft. We will not honor overdrafts of any type from an ATM or teller workstation. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraftOverdraft. Your account may will then be subject to a charge for each the item whether paid or returned as set forth in our fee schedule. This fee is imposed for any overdraft regardless created by checks, ACH, debit cards, or by other electronic means. Additionally, more than one overdraft fee may be charged against the account per day, depending on the number of whether we pay or return checks presented on, and other withdrawals made from the overdraftaccount. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraftOverdraft, we do not agree to pay overdrafts Overdrafts in the future and may discontinue covering overdrafts Overdrafts at any time without notice. If we pay an a check or draft that would otherwise overdraw your account, you agree to pay the overdraft amount immediately. Overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order We reserve the right to pursue collection of Paymentspreviously dishonored items at any time. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that If we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of have approved an overdraft fees that may be charged to protection plan for your account. Please contact us if , we will honor drafts drawn on insufficient funds by transferring funds from a share account or another deposit account or a loan account, as you have questions about how we pay checks or drafts and process transfers and withdrawalsdirected. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented No more than six (6) months past its datetransfers may be permitted in any calendar month from share accounts. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on Once the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary transfer total for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for month has reach six (6) months ), any insufficient funds items will be handled in accordance with our regular overdraft procedures. The fee for these overdraft transfers and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order excessive transfers, if any, is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youFee Schedules.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payableOverdrafts. We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to a consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Courtesy Pay Fees. We assess a fee each time an item is presented for payment that we either pay, resulting in an overdraft, or which we decline pay because payment of the item would result in an overdraft had we paid it. If we pay an item in accordance with Courtesy Pay, we will charge you a Courtesy Pay Fee, however we will charge you no more than six (6) months past its dateCourtesy Pay Fees per day. 3. • Stop Payment Order RequestFees Associated with Overdrawing Your Account – Overdraft Transfer Protection Service. Any owner There are fees associated with using our Overdraft Transfer Protection Service. These fees may request a stop payment order on any check be less expensive than Courtesy Pay Fees or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draftNSF Fees. If we receive incorrect or incomplete informationpay an item in accordance with our Overdraft Transfer Protection Service, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on itcharge you an Overdraft Transfer Protection Fee. If you have elected both the Overdraft Transfer Protection Service and Courtesy Pay, there are circumstances wherein you will be charged both an Overdraft Transfer Protection Fee and a Courtesy Pay Fee. These circumstances are discussed in greater detail in Section F. There is no limit to the total fees we re-credit can charge you for overdrafting your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youaccount.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on at any daytime, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, draft item, transaction, transaction or other items item posted to your account plus any applicable fee ("overdraft")to the Overdraft, we may pay or return the overdraftOverdraft and charge the Overdraft Fee at our discretion. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdrafta draft or any other type of transaction. Your account may be subject to a charge for each overdraft Overdraft regardless of whether we pay or return the overdraftOverdraft. Except as otherwise agreed in writing, if we exercise our right rights to use our discretion to pay an overdraftOverdraft, we do not agree to pay overdrafts Overdrafts in the future and may discontinue covering overdrafts Overdrafts at any time without notice. If we pay an overdraft Overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of PaymentsOverdraft Policy. Checks, drafts, items, items and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or and drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 1 contract

Sources: Membership Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. For ATM and one-time debit card transactions, you must consent to the Credit Union's overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member's opt-in choice for overdraft protection and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a planplan with us, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check item presented for payment if my account does not contain sufficient available funds. If you pay a transaction that overdraws my account, you are not obligated to continue paying such transactions in the future. You may pay all, some, or draft drawn none of my overdrafts, without notice to me. I am liable to you to repay any overdrafts on my account whether I created them or not. If I do not pay you, and you take collection action against me, I agree to pay for your costs of collection. You may close, without notice, any account with excessive insufficient funds activity, and report the account to a consumer reporting agency. MY CHECKING ACCOUNT BALANCE. My checking account has two kinds of balances: the “actual” balance and the “available” balance. Both can be checked when I review my account online, at a Credit Union-owned ATM, by phone, or at a branch. It is important to understand how the two balances work so that I know how much money is presented more than six (6) months past its datein my account at any given time. • Stop Payment Order RequestThis section explains actual and available balances and how they work. Any owner THAT I WANT TO MAKE. This is because my available balance may request a stop payment order on any check not reflect all my outstanding checks, automatic bill payments that I have authorized, or draft drawn on the owner's other outstanding transactions that have not yet been paid from my account. To be binding In the order must be in writingexample above, dated, signed, and must accurately describe the outstanding check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing reflected in my available balance until it is presented to stop payment on the check you and paid from myaccount. HOW TRANSACTIONS ARE POSTED TO MY ACCOUNT. There are basically two types of transactions in my account: credits or draft. In addition, we must receive sufficient advance notice deposits of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draftmoney into my account, and debits or payments out of my account. It is important to assist us in understand how each is applied to my account so that I know how much money I have and how much is available to me at any legal actiongiven time. • Duration of Order. Written stop payment orders are effective for six (6) months This section explains generally how and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required when you post transactions to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youmy account.

Appears in 1 contract

Sources: Member Account Agreement and Disclosure

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are is not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have a sufficient available funds balance in order to pay an overdraftitem. Your account may be subject to a charge fee for each overdraft presentment regardless of whether we pay or return the overdraftitem. Except We may charge a fee each time a presentment is submitted or resubmitted for payment; therefore, you may be assessed more than one fee as otherwise agreed in writinga result of a returned item and resubmission(s) of the returned item. HOW TRANSACTIONS ARE POSTED TO YOUR ACCOUNT – Basically, if we exercise our right there are two types of transactions that affect your account: credits (deposits of money into your account) and debits (payments out of your account). It is important to use our discretion understand how each is applied to pay an overdraft, we do not agree your account so that you know how much money you have and how much is available to pay overdrafts in the future and may discontinue covering overdrafts you at any time without noticegiven time. If This section explains generally how and when we pay an overdraft or impose a fee that overdraws post transactions to your account, you agree . CREDITS – Deposits are generally added to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that account when we receive them. We mayHowever, at our discretion, pay in some cases when you deposit a check, draftthe full amount of the deposit may not be available to you at the time of deposit. Please refer to the Funds Availability Policy Disclosure for details regarding the timing and availability of funds from deposits. DEBITS – There are several types of debit transactions. Common debit transactions are generally described below. Keep in mind that there are many ways transactions are presented for payment by merchants, or item and execute other we are not necessarily in control of when transactions are received. Debit transactions post in real-time order of receipt as processed by the merchant, and your drafts post low amount to high amount from the given file in which they are received. Checks – When you write a check, it is processed through the Federal Reserve system. We receive data files of cashed checks from the Federal Reserve each day. The checks drawn on your account are compiled from these data files and paid each day. We process the payments in any the order we choosecontained in the data file. ACH Payments – We receive data files every day from the Federal Reserve with Automated Clearing House (ACH) transactions. These include, for example, automatic bill payments you have authorized. ACH transactions for your account are posted throughout the day in order of receipt. PIN-Based Debit Card Purchase Transactions – These are purchase transactions using your debit card for which a merchant may require you to enter your personal identification number (PIN) at the time of sale. They are processed through a PIN debit network. These transactions are similar to ATM withdrawal transactions because the money is usually deducted from your account immediately at the time of the transaction. However, depending on the merchant, a PIN-based transaction may not be immediately presented for payment. Signature–Based Debit Card Purchase Transactions – These are purchase transactions using your debit card that are processed through a signature-based network. Rather than entering a PIN, you typically sign for the purchase; however, merchants may not require your signature for certain transactions. Merchants may seek authorization for these types of transactions. The order authorization request places a hold on funds in which we process checksyour account when the authorization is completed. The “authorization hold” will reduce your available balance by the amount authorized but will not affect your actual balance. The transaction is subsequently processed by the merchant and submitted to us for payment. This can happen hours or sometimes days after the transaction, depending on the merchant and its payment processor. These payment requests are received in real time throughout the day and are posted to your account when they are received. The amount of an authorization hold may differ from the actual payment because the final transaction amount may not yet be known to the merchant when you present your card for payment. For example, if you use your debit card at a restaurant, a hold will be placed in an amount equal to the bill presented to you; but when the transaction posts, it will include any tip that you may have added to t he bill. This may also be the case where you present your debit card for payment at gas stations, hotels and certain other retail establishments. We cannot control how much a merchant asks us to authorize, or when a merchant submits a transaction for payment. UNDERSTANDING YOUR ACCOUNT BALANCE – Your checking account has two kinds of balances: the actual balance and the available balance. Your actual balance reflects the full amount of all deposits to your account as well as payment transactions that have been posted to your account. It does not reflect checks you have written and are still outstanding or transactions that have been authorized but are still pending. Your available balance is the amount of money in your account that is available for you to use. Your available balance is your actual balance less: (1) holds placed on deposits; (2) holds on debit card or other transactions that have been authorized but are not yet posted; and (3) any other holds, such as holds related to pledges of account funds and minimum balance requirements or to comply with court orders. We use your available balance to determine whether there are sufficient funds in your account to pay items, including checks and drafts, as well as ACH, debit card and items other electronic transactions. Pending transactions and execute other transactions holds placed on your account may affect reduce your available balance and may cause your account to become overdrawn regardless of your actual balance. In such cases, subsequent posting of the total amount of overdraft fees that pending transactions may further overdraw your account and be charged subject to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawalsadditional fees. You agree not to issue should assume that any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn item which would overdraw your account based on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner available balance may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Chargescreate an overdraft. You may check your available balance online banking, mobile banking, at an ATM, by calling us at ▇▇▇.▇▇▇.▇▇▇▇ or by stopping into one of our relationship centers. Description Transaction Available Balance Ledger Balance Day 1 Day 2 Day 3 Bylaw Requirements – You must complete payment of one share in your Regular Savings account as a condition of admission to membership. Transaction Limitations – We reserve the right to at any time require not stop payment on any certified check, cashier's check, teller's checkless than 60 days notice in writing before each withdrawal from an dividend-bearing account other than a time deposit, or from any other check, draft, or payment guaranteed savings account as defined by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.Regulation D.

Appears in 1 contract

Sources: Membership Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account We are not sufficient obligated to pay any item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the full amount of a checkfuture. We may pay all, draft, item, transactionsome, or other items posted none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account plus whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for our costs of collection. We may close, without notice, any applicable account with excessive insufficient funds activity, and report the account to a consumer reporting agency. We may assess a fee for each item that we either pay, which results in an overdraft, or do not pay, which would have resulted in an overdraft had we paid it. If we pay an item in accordance with our Courtesy Pay Service ("overdraft"described in more detail below), we may pay or will charge a Courtesy Pay Fee of $29. If we return an item, we will charge a Non-sufficient Funds (NSF) Fee of $29 each time the overdraftitem is presented. The credit union's determination Refer to the Fees brochure for a listing of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account requiredfees, which is updated periodically. We do not have to notify you if If your account does not have sufficient available funds when a transaction or item is presented to us for payment and, as a result, returned unpaid, the merchant or payee of your transaction or item may choose to resubmit the same transaction, and may do so multiple times[; this may also occur when you initiate transfers and payments through your Credit Union Online Banking or ▇▇▇▇ ▇▇▇▇▇ services and your account lacks sufficient available funds at the time the transaction is scheduled to occur, as we may decline the transaction, charge a NSF Fee, and then resubmit the same transaction at a later time in an attempt to process your requested transaction]. In the event a transaction or item is resubmitted for payment at a time when your account lacks sufficient available funds to pay it and we decline it, we will charge a related NSF Fee for each such resubmitted item each time that same transaction is returned unpaid or a Courtesy Pay Fee if a resubmitted item is paid when your account lacks sufficient available funds to pay it. We limit the number of NSF and Courtesy Pay Fees we charge in a business day. We will not charge a fee if your ending account balance is overdrawn by $5 or less. Additionally, even if your ending account balance is overdrawn we will not charge a fee for any item that is $5 or less. The maximum number of overdrafts due to insufficient or unavailable funds that will be subject to overdraft charges in one day is five (5). We will charge an overdraftExtended Overdraft Fee for any overdraft balances that you have not repaid within fifteen (15) consecutive days. We recommend that you enroll in one of the optional overdraft protection plans described below. These plans can help you avoid overdrafts and returned items. While fees apply when you use an optional overdraft protection plan, the fees under the plan are less expensive than NSF and Courtesy Pay Fees. Refer to the “Optional Overdraft Protection Plans” section below for more information. Your actual balance is the amount of money that is actually in your account at any given time, but not all funds included in this balance are considered accessible for transactions on your account. The actual balance is also referred to as: (a) your “Account Balance” on Credit Union ATM screens; and (b) your “Balance” or “Account Balance” in online banking, and (c) your “Current” balance in mobile banking. Your actual balance reflects transactions that have posted to your account, but not transactions that have been authorized and are pending or pending deposits that are subject to holds under our Funds Availability Policy. While the term “actual” may sound as though the number you see is an up-to-date indication of what is in your account that you can spend, that is not always the case. Your actual balance will not reflect any purchases, holds, fees, other charges, or deposits made on your account that have not yet posted. For example, if you have a $50 actual balance, but you just wrote a check for $40, then your actual balance is $50 but it does not reflect the pending check transaction. So at that point, you have an actual balance of $50, but you have already spent $40. Your available balance is the amount of money in your account that is available to you to use without incurring an overdraft fee. The available balance takes into account factors such as holds placed on deposits and pending transactions (such as pending debit card purchases) that the Credit Union has authorized but that have not yet posted to your account. For example, assume you have an actual balance of $50 and an available balance of $50. If you were to use your debit card at a restaurant to buy lunch for $20, then that merchant could ask us to pre-authorize the payment in that amount (or even a different amount). Under this example, if the merchant requested pre-authorization in the amount of $20, we will place a “hold” on your account for $20 (referred to as an “authorization hold”). Your actual balance would still be $50 because this transaction has not yet posted, but your available balance would be $30 because of the restaurant’s pre-authorization request that resulted in an authorization hold on $20 in your account. When the restaurant submits its bill for payment (which could be a few days later and for a different amount than the amount of the authorization hold), we will release the authorization hold, post the transaction to your account and your actual balance will be reduced by the amount of the posted transaction. We use your available balance at the time a transaction posts to determine when your account is overdrawn. The following example illustrates how this works: Assume your actual and available balance are both $50, and you use your debit card at a restaurant for $20. If the restaurant requests pre- authorization in the amount of $20, an authorization hold is placed on $20 in your account, so your available balance is only $30. Your actual balance would remain $50. Before the restaurant charge is sent to us for payment, a check that you wrote for $40 clears. Because your available balance is only $30 (due to the authorization hold of $20), your account will be overdrawn by $10, even though your actual balance is $50. In this case, we may pay the $40 check, but you will be charged a Courtesy Pay Fee of $29. That fee will be deducted from your account, further increasing the overdrawn amount. In addition, when the restaurant charge is finally submitted to us for payment, we will release the authorization hold and pay the transaction amount (which may be $20 or even a different amount, for example, if you added a tip) to the restaurant. Because the amount of the restaurant charge exceeded your available balance at the time the restaurant charge “settled” (i.e., posted to your account), we will charge you a Courtesy Pay Fee, even though the restaurant transaction was authorized and approved with a sufficient available balance. Your account is considered overdrawn when the available balance in your account is negative (less than $0). TRANSACTION THAT YOU WANT TO MAKE. This is because your available balance may not reflect all your outstanding checks, automatic bill payments that you have authorized, or other outstanding transactions that have not yet been paid from your account. In the example above, the outstanding check will not be subject reflected in your available balance until it is presented to a charge for each overdraft regardless us and paid from your account. In addition, your available balance may not reflect all of whether we pay or return the overdraftyour debit card transactions. Except as otherwise agreed in writingFor example, if we exercise a merchant obtains our right prior authorization but does not submit a one-time debit card transaction for payment within three (3) business days of authorization (or for up to use our discretion thirty (30) business days for certain types of debit card transactions, including but not limited to pay an overdraftcar rental transactions, cash transactions and international transactions), we do must release the authorization hold on the transaction. The available balance will not agree reflect this transaction once the hold has been released, which generally occurs when the transaction has been received by us and paid from your account. Refer to pay overdrafts the section entitled “Authorization Holds for Debit Card Transactions” below for information about how authorization holds affect your available balance. Finally, your available balance may not reflect the most recent deposits to your account. Refer to our Funds Availability Policy for information regarding the availability for withdrawal of your deposits. There are basically two types of transactions in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft your account: credits or impose a fee that overdraws deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you agree know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account. We can receive credit and debit transactions in different forms at various times each business day. We reserve the right to determine the timing and order in which such transactions are posted to your account to the extent permitted by law. We determine the order in which we process and post credits and debits to your account based on a number of factors. We may pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, itemsor authorize some transactions, and other transactions may not be processed in the order that you make them decline or in the order that we receive them. We mayreturn others, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choosedeem appropriate to the extent permitted by law. When the available balance in your account is not sufficient to cover all of the transactions presented that day, some posting orders can result in more returned items and more overdraft and returned item fees than other posting orders. Some items are received by us individually and others are received in batches at various times each business day. Items that we currently receive individually include ATM withdrawals, point-of-sale (POS) transactions, and teller transactions. These individual items are generally posted to your account as they are received by us each business day. Items that we currently receive in batches include checks drawn on your account presented by other financial institutions, “on us” checks, and ACH transactions. Items within a batch presented at the same time on any given day are cleared in dollar amount order, lowest to highest amount, beginning with lower dollar amounts clearing first, followed by higher dollar amounts. We generally post batched transactions as they are received throughout each business day (subject to certain exceptions). For ACH batch transactions we receive at the same time on a particular business day, we will generally post credits first and the debit items in low-to-high dollar amounts. The order in which we process checks, drafts, and items and execute other transactions on are posted to your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable will depend on a future date and we pay it before that datenumber of factors. For example, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete informationconnection with our item posting process, we will not be responsible reserve the right to: (i) establish different categories of items, (ii) establish a posting order for failing to stop payment on the check or draft. In additioneach category of item(s), we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order(iii) establish different posting orders for items within each category, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.and

Appears in 1 contract

Sources: Master Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft1. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have Credit Union Has No Obligation to notify you if your account does not have sufficient available funds to pay an overdraft. Pay Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payableOverdrafts. We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that whether you created them or not. If you do not pay us, and we take collection action against you, you agree to pay for any costs of collection. We may close, without notice, any account with excessive overdraft activity, and report the account to a consumer reporting agency. 2. Fees Associated with Overdrawing Your Account – Courtesy Pay Fees. We assess a fee each time an item is presented for payment that we either pay, resulting in an overdraft, or which we decline pay because payment of the item would result in an overdraft had we paid it. If we pay an item in accordance with Courtesy Pay, we will charge you a Courtesy Pay Fee, however we will charge you no more than six (6) months past its dateCourtesy Pay Fees per day. 3. • Stop Payment Order RequestFees Associated with Overdrawing Your Account – Overdraft Transfer Protection Service. Any owner There are fees associated with using our Overdraft Transfer Protection Service. These fees may request a stop payment order on any check be less expensive than Courtesy Pay Fees or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draftNSF Fees. If we receive incorrect or incomplete informationpay an item in accordance with our Overdraft Transfer Protection Service, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on itcharge you an Overdraft Transfer Protection Fee. If you have elected both the Overdraft Transfer Protection Service and Courtesy Pay, there are circumstances wherein you will be charged both an Overdraft Transfer Protection Fee and a Courtesy Pay Fee. These circumstances are discussed in greater detail in Section F. There is no limit to the total fees we re-credit can charge you for over drafting your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youaccount.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1a) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. You are liable to us to repay any overdrafts on your account that is presented more than six (6) months past its datewhether you created them or not. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signedIf you do not pay us, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment ordertake collection action against you, you agree to sign a statement describing the dispute pay for our costs of collection. We may close, without notice, any account with the payee, to assign to us all of your rights against the payee or other holders of the check or draftexcessive NSF activity, and report the account to assist us a consumer reporting agency. (b) We assess a fee for each item that we either pay, which results in any legal actionan overdraft, or do not pay, which would have resulted in an overdraft had we paid it. The fees that we may assess are as follows: • If we pay an item under our Courtesy Pay Service and the payment of such item does not result in you exceeding your Courtesy Pay Service limit (described in more detail below), we will charge a Courtesy Pay Fee of $29. • Duration If we pay an item under our Courtesy Pay Service and the payment of Ordersuch items results in you exceeding your Courtesy Pay Service limit, we will still charge you a Courtesy Pay Fee, but it will appear on your periodic statement as an Overdrawn Fee of $29. Written stop payment orders are effective for six (6) months • If we pay an item and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We you are not required to notify you when a stop payment order expireseligible for, or have opted out of, the Courtesy Pay Service, we will charge an Overdrawn Fee of $29. • Liability. Fees If we return an item, we will charge an NSF Fee of $29 each time an item is presented for stop payment orders are set forth in and returned unpaid due to an insufficient available balance. (c) Refer to the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment Charges for a listing of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youwhich is updated periodically.

Appears in 1 contract

Sources: Overdraft Protection Line of Credit Agreement

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are is not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have a sufficient available funds balance in order to pay an overdraftitem. Your account may be subject to a charge fee for each overdraft item regardless of whether we pay or return the overdraftitem. We may charge a fee each time an item is submitted or resubmitted for payment; therefore, you may be assessed more than one fee as a result of a returned item and resubmission(s) of the returned item. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic ▇▇▇▇ payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-lime debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time lime without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check item presented for payment if your account does not contain sufficient available funds. If we pay a transaction that overdraws your account, we are not obligated to continue paying such transactions in the future. We may pay all, some, or draft drawn none of your overdrafts, without notice to you. If we do not authorize and do not pay an overdraft, then we decline or return the transaction unpaid. The Consumer Schedule of Fees and Charges (“Schedule of Fees and Charges”) for your account explains when we charge you fees for overdraft and for declined or returned items and the dollar amount of the fees. Please review your Schedule of Fees and Charges for your account carefully. You are liable to us to repay any overdrafts on your account that is presented more than six (6) months past its datewhether you created them or not. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signedIf you do not pay us, and must accurately describe the check or draftwe take collection action against you, including the exact you agree to pay for our costs of collection. We may close, without notice, any account number, check or draft numberwith excessive insufficient funds activity, and report the exact amount of the check account to a consumer reporting agency. 2. We assess a fee for each item that we either pay, which results in an overdraft, or draft. This exact information is necessary for the credit union to identify the check or draft. If do not pay, which would have resulted in an overdraft had we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on paid it. If we re-credit your account after paying pay an item in accordance with our Courtesy Pay Service or Select Accept Service (described in more detail below), we will charge a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth Courtesy Pay Fee as disclosed in the Schedule of Fees and Charges. 3. You may We limit both the number of overdraft fees for paid items, and Non-sufficient Funds (NSF) fees for unpaid items, we charge in a business day. We will not stop payment on any certified check, cashier's check, teller's check, charge a fee if your ending account balance is overdrawn by $5 or any other check, draft, less and we pay the item. The maximum number of overdrafts due to insufficient or payment guaranteed by usunavailable funds that will be subject to overdraft charges in one day is three (3). 4. Although payment We recommend that you enroll in one of an item may be stopped, the optional overdraft protection plans described below. These plans can help you may remain liable to any item holder, including us. You agree to indemnify avoid overdrafts and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youreturned items.

Appears in 1 contract

Sources: Share Account Agreement

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are not sufficient is insufficient to pay the full amount of a check, draft, item, transaction, transaction or other items item posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one (1) review of the account required. We do not have to notify you if the available balance in your account does not have sufficient available funds is insufficient to pay an overdrafta check, transaction or item. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraftcheck, transaction, or item. For ATM and one-time debit card transactions, you must opt-in to Courtesy Pay Select privileges in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the Courtesy Pay Select Opt-In Form used to capture the member’s opt-in choice for overdraft protection and the Rate and Fee Schedule. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your optional overdraft protection plan orprivileges. Accounts with an Overdraft Protection/Line of Credit are protected separately, as disclosed in the Overdraft Line of Credit Agreement and Disclosure. For accounts without an Overdraft Line of Credit, if the available balance is insufficient to pay the withdrawal, a transfer will be made from your available balance in your Primary Savings account for the amount necessary (when added to the amount available in your checking account and transferred under this Agreement) to pay the withdrawal and a transfer fee as set forth in the current Rate and Fee Schedule. However, no transfer from the savings account will be made if during the current month you have exceeded your transfer limitations or if the transfer would leave less than par value in your savings account. Refer to Section 13(b) and also the Electronic Fund Transfers Agreement and Disclosure for more information regarding transfer limitations. If the available balance in your checking account, under this Agreement, is insufficient to pay the entire withdrawal we will look to see if funds are available in your Overdraft Protection/Line of Credit (if you have this service). If funds are not available in your Line of Credit, or you do not have such one, a plantransfer will be made from your Primary Savings account. If the available balance in your Primary Savings account is insufficient and you are eligible for the Courtesy Pay service, in accordance with our overdraft payment policythe transaction may be covered under the Courtesy Pay program. • Order of PaymentsPlease refer to the Courtesy Pay (15b.) section below for more information regarding Courtesy Pay. Checks, drafts, items, and other transactions may not be processed in the order that If you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions anyone authorized on your account requests to make a withdrawal from your Primary Savings account in any order excess of the available balance in that account, we choose. The order will look to see if funds are available in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount Overdraft Protection/Line of overdraft fees that may be charged to your account. Please contact us Credit (if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdatedthis service). If funds are not available in your Line of Credit, or you do issue not have one, a check or draft that is payable on transfer will be made from your checking account and a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn transfer fee as set forth on the owner's account. To be binding the order must be in writing, dated, signed, Rate and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draftFee Schedule. If we receive incorrect or incomplete informationthe available balance in your checking account is insufficient, we the item will not be responsible for failing returned due to stop payment on insufficient funds and an Insufficient Funds fee will be applied according to the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid Rate and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youFee Schedule.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds in order to pay an overdraftitem. Your account may be subject to a charge for each overdraft item regardless of whether we pay or return the overdraftitem. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic bill payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line of credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds in your share savings or deposit account Account are not sufficient to pay the full amount of a paper or electronic check, draft, item, ACH transaction, request for electronic payment, or any other items transaction posted to your account Account plus any applicable fee ("overdraft")fee, we may pay or return the overdraft. The credit union's Overdraft transactions can be presented for payment multiple times by the merchant requesting payment, which may be beyond AllSouth’s control. Each presentment, including repeat presentments, will be charged a separate overdraft fee if the available funds are not sufficient to pay at the time of presentment. When several debits arrive on the same business day for payment from your Account and you do not have enough available funds to cover all of the debits, you understand that some posting orders may result in more overdrafts and more fees and returned items than other posting orders. You understand and agree that we may choose the posting order in our sole discretion in accordance with this Agreement, and may also change them from time to time regardless of whether additional fees may occur. You also understand and agree that if an item is presented for payment more than one time, a new fee will apply each time the item is presented. AllSouth’s determination of an insufficient available account Account balance may be made at any time between presentation presentment and the credit union's midnight our deadline with only one (1) review of the account Account required. You should note that sometimes we will authorize a transaction at a time when you have enough available funds to cover it, but because other transactions post before it and reduce your balance, the transaction creates an overdraft when we post it to your Account. Your available balance can change several times each day and may change in a matter of minutes based on the transactions you make with others and how and when they are presented to AllSouth for payment. We do not have to notify you if your account Account does not have sufficient available funds to pay an overdraft. overdraft.‌ Your account Account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and We may discontinue covering overdrafts at any charge a fee each time without notice. If we pay an overdraft is submitted or impose a fee that overdraws your accountresubmitted for payment; therefore, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such may be assessed more than one fee as a plan, in accordance with our overdraft payment policy. • Order result of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a returned check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checksACH transaction, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you request for such electronic payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other transaction presented to your Account and resubmission(s) of the returned check, draft, ACH transaction, request for electronic payment, or payment guaranteed by usany other transaction presented to your Account. Although payment If you are enrolled in one of our Optional Overdraft Services to transfer funds from a savings Account or line of credit and have enough available funds to cover the payment, we will transfer the available funds to cover the item. Otherwise, without notice to you, we will either authorize or pay the item and overdraw your Account or we will dishonor the item. Both Account owner and joint owner agree that they are jointly and separately liable for negative balances on Accounts in which the Account owner or joint owner have an item may ownership interest. The overdraft will be stoppedimmediately charged against your Account when the available funds in your Account are not sufficient to cover the request for payment. A fee will be assessed to your Account on the same day as the overdraft. Your Account balance will be negative if we pay the overdraft. Account owner(s) are responsible for the amount of any overdraft and applicable fees immediately. To continue your use of the overdraft services, you may remain liable to any item holdermust bring your Account positive, including us. You agree to indemnify and hold the credit union harmless from all costsfor a minimum of one business day, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youwithin thirty (30) days.

Appears in 1 contract

Sources: Consumer Membership Agreement

Payment of Overdrafts. If, on any day, the available funds in your share savings or deposit account are not sufficient to pay the full amount of a paper or electronic check, draft, itemACH transaction, transaction, request for electronic payment, or any other items transaction posted to your account (“Overdraft”) plus any applicable fee ("overdraft")fee, we may pay or return the overdraftOverdraft. The credit union's Overdraft transactions can be presented for payment multiple times by the merchant requesting payment, which may be beyond AllSouth’s control. Each presentment, including repeat presentments, will be charged a separate overdraft fee if the available funds are not sufficient to pay at the time of presentment. AllSouth’s determination of an insufficient available account balance may be made at any time between presentation presentment and the credit union's midnight our deadline with only one (1) review of the account required. Your available balance can change several times each day and may change in a matter of minutes based on the transactions you make with others and how and when they are presented to AllSouth for payment. We do not have to notify you if your account does not have sufficient available funds to pay an overdraftOverdraft. Your account may be subject to a charge for each overdraft Overdraft regardless of whether we pay or return the overdraftOverdraft. We may charge a fee each time an Overdraft is submitted or resubmitted for payment; therefore, you may be assessed more than one fee as a result of a returned check, draft, ACH transaction, request for electronic payment, or any other transaction presented to your account and resubmission(s) of the returned check, draft, ACH transaction, request for electronic payment, or any other transaction presented to your account. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraftOverdraft, we do not agree to pay overdrafts Overdrafts in the future and may discontinue covering overdrafts Overdrafts at any time without notice. If we pay an overdraft Overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan or, if you do not have such a plan, in accordance with our overdraft payment policy. • Order of Payments. Checks, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

Appears in 1 contract

Sources: Consumer Membership Agreement

Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds in order to pay an overdraftitem. Your account may be subject to a charge for each overdraft item regardless of whether we pay or return the overdraftitem. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic ▇▇▇▇ payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line- of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership and Account Agreement

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are is not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit unionCredit Union's determination of an insufficient available account balance may be made at any time between presentation and the credit unionCredit Union's midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have a sufficient available funds balance in order to pay an overdraftitem. Your account may be subject to a charge fee for each overdraft item regardless of whether we pay or return the overdraftitem. We may charge a fee each time an item is submitted or resubmitted for payment; therefore, you may be assessed more than one fee as a result of a returned item and resubmission(s) of the returned item. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic bill payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership Account Agreement

Payment of Overdrafts. If, on any day, the available funds balance in your share or deposit account are is not sufficient to pay the full amount of a check, draft, item, transaction, or other items item, plus any applicable fee, that is posted to your account plus any applicable fee ("overdraft")account, we may pay or return the overdraftitem or pay it, as described below. The credit union's Credit Union’s determination of an insufficient available account balance may be made at any time between presentation and the credit union's Credit Union’s midnight deadline with only one (1) review of the account required. We do not have to notify you if your account does not have a sufficient available funds balance in order to pay an overdraftitem. Your account may be subject to a charge fee for each overdraft item regardless of whether we pay or return the overdraftitem. We may charge a fee each time an item is submitted or resubmitted for payment; therefore, you may be assessed more than one fee as a result of a returned item and resubmission(s) of the returned item. If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as otherwise described below; (2) automatic ▇▇▇▇ payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other individual or joint accounts, you authorize us to transfer funds from another account of yours to cover an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an overdraftinsufficiency of funds in your account, we do not agree to pay overdrafts them in the future and may discontinue covering overdrafts coverage at any time without notice. If we pay an overdraft these items or impose a fee that overdraws results in insufficient funds in your account, you agree to pay the overdrawn amount insufficient amount, including the fee assessed by us, in accordance with your our standard overdraft protection plan services or any other service you may have authorized with us or, if you do not have such a planprotections with us, in accordance with our any overdraft payment policy. • Order of Payments. Checkspolicy we have, drafts, items, and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals. You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. • Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft, including the exact account number, check or draft number, and the exact amount of the check or draft. This exact information is necessary for the credit union to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action. • Duration of Order. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires. • Liability. Fees for stop payment orders are set forth in the Schedule of Fees and Charges. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by youapplicable.

Appears in 1 contract

Sources: Membership and Account Agreement