Exam 23: Checks and Banking in the Digital Age

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Dru signs a check "pay to the order of Eppie" drawn on Dru's account in First Federal Bank.Greta forges Eppie's indorsement.First Federal pays the check.Most likely

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C

A written stop payment order is valid for fourteen days.

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Tiny authorizes United Bank to make transfers from his account to make payments on his debt to Vic's Auto Dealership,which sold Tiny the car that serves as collateral for the debt.After three payments,Vic's repossesses the car and refuses to return it.Tiny phones the bank to stop the payments and follows up with a confirming letter.The bank fails to stop the next two payments,and Vic's refuses to refund anything.Can Tiny get his money from the bank Explain.

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Yes.Under the Electronic Fund Transfer Act (EFTA),a financial institution is liable for failing to stop payment of a preauthorized transfer from a customer's account when instructed to do so under the account's terms and conditions,which likely require that notice must precede a scheduled payment within a certain period of time.For other electronic transactions,reversal is generally not possible,however,because of the instantaneous nature of the transactions,and the EFTA does not provide for their reversal.

Elmer can write checks on his account at Finance Bank.Gina steals the checks,forges Elmer's signature,and cashes the checks at Finance.The bank is excused from any liability if,after receipt of the first forged check,Elmer fails to report the forgeries within

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Kip writes a check for $1,000 drawn on Local Bank and presents it to Mira.Mira presents the check for payment to Local Bank,which dishonors it.The party most likely liable to Mira is

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Clyde issues a check payable to Discount Mart.Elle,Discount's cashier,forges the store's indorsement and deposits the check in her bank account.Clyde's bank,First State Bank,pays the check.Clyde can recover from

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Fact Pattern 23-1 (Questions 15 and 16 apply) Echo takes her car to Fix-It, Inc., which repairs the car and bills Echo for $500. Echo writes out a check drawn on Capital Bank, but later, believing that Fix-It did not repair the car properly, issues a stop-payment order. -Refer to Fact Pattern 23-1.Capital Bank pays the check.Capital

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Dina's debit card,issued by Eminent Bank,is stolen and used without Dina's permission.Dina tells Eminent Bank within thirty days.Dina may be required to pay no more than

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If a customer's debit card is lost or stolen,the customer will not be liable for any unauthorized use of the card.

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A check carries with it an implied promise to reimburse the bank for paying the check.

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E-Bank,an online financial institution,gives financial information about Paula and other customers to a federal agency without the customers' permission.E-Bank may be liable under

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The incompetence of a customer revokes a bank's authority to pay an item.

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A stale check is one that has been outstanding for longer than one month.

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Gaining unauthorized access to an electronic fund transfer system is a felony.

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Generally,a bank has no obligation to pay a customer's overdrafts.

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A drawer is liable to the holder of a check if the check is not honored.

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Dan writes a check to Emma on his account at First State Bank.The bank dishonors the check even though Dan has sufficient funds in his account.The bank is

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First Community Bank agrees to accept a check by setting aside sufficient funds to cover the amount.This check is considered

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Liu signs a check "pay to the order of Marv" drawn on Liu's account in National Bank.Liu later orders National not to pay the check,but the bank pays it over Liu's order.Subsequent checks written on Liu's account "bounce." Most likely liable for the costs to Liu is

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A customer has sixty days from the date of receipt of a statement of an electronic transfer to notify the financial institution of any errors.

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