Common use of Insufficient Balances Clause in Contracts

Insufficient Balances. You must maintain a sufficient available balance in your account to cover the checks you write. The Bank may return any item drawn on your account if your account balance is insufficient to pay the item at any time between the presentment of the item to the Bank for payment and the return or final payment of the item. Once the Bank determines that your account balance is insufficient to pay any item, we are not required to check the balance again before returning the item. If a check is presented to the Bank for payment when there are not sufficient available funds in your account, we may pay the check or refuse payment and return it unpaid. If the Bank pays the check, you will be responsible for it. You must promptly reimburse the Bank for any insufficient balance. An insufficient balance (overdraft) could result from, among other things: (1) the payment of other checks; (2) payments authorized by you; (3) checks deposited by you that are returned to the Bank unpaid; (4) claims against the Bank regarding your account or any deposit; (5) service charges; or (6) the Bank’s exercise of its right of set off. Your account may be debited on the day that an item is presented, or at such earlier time as notification is received by the Bank by electronic or other means, that an item drawn on your account has been deposited for collection in another financial institution. You understand that the Bank reserves the right to pay items into overdraft, to impose overdraft fees, and to apply later deposits into your account, or any of your accounts at the Bank, to those overdrafts or overdraft fees, by way of set off. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, to the extent permitted by law, our reasonable attorneys’ fees.

Appears in 6 contracts

Samples: Account Agreement, Account Agreement, Account Agreement

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Insufficient Balances. You must maintain a sufficient available balance in your account to cover the checks you write. The Bank may return (bounce) any check or other item drawn on your account if your available account balance is insufficient to pay the item at any time between on the presentment of the item day it is presented to the Bank for payment and payment, taking into account the return or final payment of order that items are charged to the itemaccount, as we describe above. Once the Bank determines that your account balance is insufficient to pay any item, we are not required to check the balance again before returning the item. If there are insufficient available funds to pay a check is or other item, the Bank may pay the item and not return it, which may also result in an overdraft or insufficient funds (NSF) fee. An NSF fee may be charged for each transaction or item, including transactions or items that are re-presented to the Bank us by you or for payment when there are not sufficient available funds in from your account, which may result in charging you more than one NSF fee for the same transaction or item. There is no automatic enrollment in any optional overdraft protection product offered by the Bank. We pay overdrafts at our discretion, which means that we may do not guarantee that we will always authorize and pay the check or refuse payment and return it unpaidany type of transaction. If the Bank pays the checkwe do not authorize and pay an overdraft, you your transaction will be responsible for itdenied. You must promptly reimburse the Bank for We will demand immediate repayment of any insufficient balance. An insufficient balance (overdraft) could result from, among other things: (1) the payment of other checks; (2) payments authorized by you; (3) checks deposited by you that are returned to the Bank unpaid; (4) claims against the Bank regarding your account or any deposit; (5) service charges; or (6) the Bank’s exercise of its right of set off. Your account may be debited on the day that an item is presented, or at such earlier time as notification is received by the Bank by electronic or other means, that an item drawn overdraft on your account has been deposited for collection in another financial institutionand charge you an overdraft fee. You understand that the The Bank reserves the right may also refuse to pay items into overdraftany item if there is a restraining order, to impose overdraft feesinjunction, and to apply later deposits into levy, or execution against your account. The Bank offers overdraft protection to help protect you against overdrawing your account by automatically advancing funds, or any from your overdraft protection line of your accounts at the Bank, to those overdrafts or overdraft fees, by way credit. Advances occur in increments of set off. You have no right to defer payment of this liability, $1 and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, up to the extent permitted by law, our reasonable attorneys’ feesamount available on your approved line of credit. The Bank requires you to sign a separate agreement before using this service.

Appears in 1 contract

Samples: Account Agreement and Disclosures

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