We received an ACH returned for stop payment from 2 months ago (debit date 3/15 return date 5/15). I contested the return as untimely. I have now received it back as not a duplicate. When I called the bank to explain to then their error, they stated that they can return any debit for stop payment up to 90 days. Any advise on how to recover my funds since they are clearly wrong?

You might try this route:

https://www.nacha.org/NSfines

There are two Stop Pay codes that can use the 60 day return time frame: R38 (Stop Pay on Source Document - which applies only to items converted to ARC or BOC) & R52 (Stop Pay on an item converted to RCK). Assuming that it was a regular R08 return, I would contact your payment association and/or file a rules violation through NACHA's National System of Fines as rlcarey suggested above.

As tdogz points out, an R38 or R52, if appropriate, would have been timely (first business day following the 60th calendar day from Settlement Date of the entry being returned). That would be calculated as 5/15, I believe. The RDFI's reference to 90 days is simply wrong.

and why would they contest as not a duplicate? they should be using timely original return if contesting. sounds like someone is gaming the return codes to try and avaoid making you whole on the payment

Can anyone help me with CCD return unauthorized question? We returned it 6 days after it came in as a code R10. It came back to us as an untimely return.

What are the timelines for returning?

Thanks.

I just found my list of return codes. I don't get asked these questions that often....It appears CCD can only be returned unauthorized for business to business as R29 and only have 24 hours.

How do you get approval for a R31?

First, R10 is not a valid return code for a CCD. If it was debited from a commercial account and was unauthorized, the proper return code is R29 and you have 24 hours to return. If the CCD was improperly debited from a consumer account, then you should use return code R05 and have 60 days, and you should obtain a Written Statement of Unauthorized Debit from the consumer.

To obtain permission from an R31, you must contact the ODFI directly and see if the originator can provide the authorization documents used to initiate the transaction. If they cannot, the ODFI may agree to accept responsibility for the transaction and grant you permission to return the item untimely.

Refer to Appendix Four of the 2012 NACHA Operating Rules. If the account hit with the CCD entry was a business account, R10 is not appropriate. R29 should have been used, and it has a deadline for receipt by the ODFI of the 2nd banking day after Settlement Date for the CCD entry, unless the ODFI agrees to a delay, in which case you use R31.

If it's a consumer account, a CCD should not have been used, and you can return the CCD using R05 (which needs to be preceded by timely receipt of a WSUD from the consumer) if you meet the so-called "60 + 1" deadline (reaches ODFI by the first banking day following the 60th calendar day after the Settlement Date for the CCD entry).

Thanks. This was business to business.

OK, I am looking at the ODFI details. Is there a form or a standard way to ask for an R31 on a particular entry?

No. You contact the RDFI by mail, email, telephone or carrier pigeon, explain the facts as you see them and ask for permission to use an R31 to make a late return. Get the permission in writing (email, fax) if you can or make careful notes on the number you called, the person you spoke with and the time and date.

Thank you for your help.

I assume you would only do this for larger dollar amounts. This particular issue was less than $100. We probably should set a standard for asking for a R31???

you would do this if a customer asked you to, dollar amount not withstanding...