(810 ILCS 5/4A-502)
(from Ch. 26, par. 4A-502)
Creditor process served on receiving bank; setoff by
(a) As used in this Section, "creditor process" means levy, attachment,
garnishment, notice of lien, sequestration, or similar process issued by or
on behalf of a creditor or other claimant with respect to an account.
(b) This subsection applies to creditor process with respect to an
authorized account of the sender of a payment order if the creditor process
is served on the receiving bank. For the purpose of determining rights with
respect to the creditor process, if the receiving bank accepts the payment
order the balance in the authorized account is deemed to be reduced by the
amount of the payment order to the extent the bank did not otherwise
receive payment of the order, unless the creditor process is served at a
time and in a manner affording the bank a reasonable opportunity to act on
it before the bank accepts the payment order.
(c) If a beneficiary's bank has received a payment order for payment to
the beneficiary's account in the bank, the following rules apply:
(1) The bank may credit the beneficiary's account.
The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.
(2) The bank may credit the beneficiary's account and
allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.
(3) If creditor process with respect to the
beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
(d) Creditor process with respect to a payment by the originator to the
beneficiary pursuant to a funds transfer may be served only on the
beneficiary's bank with respect to the debt owed by that bank to the
beneficiary. Any other bank served with the creditor process is not obliged
to act with respect to the process.
(Source: P.A. 86-1291.)