Bank Deposits and Collections

ORS 74.3030
When items subject to notice, stop payment order, legal process or setoff

  • order in which items may be charged or certified
  • cutoff hour for checks

(1)

Any knowledge, notice or stop payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend or modify the bank’s right or duty to pay an item or to charge its customer’s account for the item if the knowledge, notice, stop payment order or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:

(a)

The bank accepts or certifies the item;

(b)

The bank pays the item in cash;

(c)

The bank settles for the item without having a right to revoke the settlement under statute, clearing house rule or agreement;

(d)

The bank becomes accountable for the amount of the item under ORS 74.3020 (Payor bank’s responsibility for late return of item) dealing with the payor bank’s responsibility for late return of items; or

(e)

With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.

(2)

Subject to subsection (1) of this section items may be accepted, paid, certified or charged to the indicated account of its customer in any order. [1961 c.726 §74.3030 (When items subject to notice, stop payment order, legal process or setoff); 1993 c.545 §103]
RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER

Notes of Decisions

Whether the payor bank had made final payment of the checks and thus was not entitled to honor its customers’ stop payment orders, depended on whether the bank had completed its usual procedures for determining whether to make payment. Community Bank v. U.S. Nat. Bank of Ore., 276 Or 471, 555 P2d 435 (1976)

Source

Last accessed
Mar. 11, 2023

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