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#602974 - 08/22/06 05:14 PM Written Statement Under Penalty of Perjury
mcgwirefan Offline
Junior Member
Joined: Apr 2006
Posts: 26
Does anyone have a written statement under penalty of perjury for ACH items? Our bank has one but I it is pretty much worthless. Help anyone? Thank you!

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eBanking / Technology
#602975 - 08/22/06 06:31 PM Re: Written Statement Under Penalty of Perjury
Tennismom Offline
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Tennismom
Joined: Jan 2004
Posts: 758
Written Statement Under Penalty of Perjury
Effective March 15, 2003

State of _________________________ County of ___________________________

I, ______________________________ (consumer name), state that I have examined the attached statement or other notification from ________________________ (financial institution name) indicating that an ACH debit entry was charged to my account number ____________________ on _______________ (date) in the amount of $___________, and that the entry was unauthorized or improper.

An unauthorized debit (with the exception of TEL entries) means an electronic fund transfer from a consumerís account initiated by a person who was not authorized by the consumer, via a writing that was either signed or similarly authenticated, to initiate the transfer. With respect to TEL entries, an unauthorized debit means an electronic fund transfer from a consumerís account initiated by a person who was not authorized by the consumer, via an oral authorization, to initiate the transfer. An electronic fund transfer in an amount greater than that authorized by the consumer or that results in a debit to the consumerís account earlier than authorized by the consumer is also an unauthorized debit. An unauthorized debit does not include an electronic fund transfer initiated with fraudulent intent by the consumer or any person acting in concert with the consumer. An improper debit means a Re-presented Check Entry (RCK), Accounts Receivable Entry (ARC), or Point-of-Purchase Entry (POP) that meets the criteria described below in Section II.

I. For unauthorized entries, I further state that: (check one)

 I did not authorize, and have not ever authorized, _____________________________________________. (R10) (company name) to originate one or more ACH entries to debit funds from any account at [Financial Institution].
 I authorized _____________________________________ (company name) to originate one or more ACH entries to debit funds from my account, but on _________________________, 20_____ I revoked that authorization by notifying _______________________________________ in the manner specified in the authorization. (R07)
 I authorized ________________________________________ (company name) to originate one or more ACH entries to debit funds from an account at [Financial Institution] but:
____ the amount debited exceeds the amount I authorized to be debited. The amount I authorized is $______________. (R10) OR
____ the debit was made to my account on a date earlier than the date on which I authorized the debit to occur. I authorized the debit to be made to my account on or no earlier than _____________________, 20___. (R10)

II. For improper entries, I further state that: (check one)

For RCK Entries Only
 The item to which the entry relates is ineligible to be initiated as an RCK entry; (R51)
 The required notice stating the terms of the Re-presented Check Entry policy was not provided by the Originator in accordance with the requirements of the ACH Rules; (R51)
 All signatures on the item to which the RCK entry relates are not authentic or authorized, or the item has been altered; (R51)
 The amount of the RCK entry was not accurately obtained from the item (effective March 15, 2002); (R51) OR
 Both the RCK entry and the item to which the RCK entry relates have been presented for payment (effective March 15, 2002). (R53)
For ARC Entries Only (Effective March 15, 2002)
 Notice was not provided by the Originator in accordance with the requirements of the ACH Rules; (R10)
 The source document used for the debit entry is improper; (R10)
 Both the source document and the ARC entry to which it relates have been presented for payment; (R37) OR
 The amount of the ARC entry was not accurately obtained from the source document. (R10)
For POP Entries Only
 The debit entry for which the Receiver is seeking recredit was not authorized by the Receiver; (R10)
 The source document used for the debit entry is improper (effective March 15, 2002); (R10) OR
 Both the source document and the POP entry to which it relates have been presented for payment (effective March 15, 2002) (R37).

I further state that the debit transaction was not originated with fraudulent intent by me or any person acting in concert with me, and that the signature below is my own proper signature.

I certify under penalty of perjury that the foregoing is true and correct.

Date & Place___________________________ Signature ______________________






I PULLED THIS FROM MY ARCHIVED FILES. PLEASE REVIEW TO ENSURE CURRENT/NEW TYPES ACH TRANSACTIONS ARE INCLUDED ON FORM.

ALSO, THE &#61554 ON THE FORM ARE ACTUALLY BOXES WHICH WOULD BE CHECKED BY INDIVIDUAL COMPLETING THE FORM.

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#602976 - 08/22/06 08:13 PM Re: Written Statement Under Penalty of Perjury
mcgwirefan Offline
Junior Member
Joined: Apr 2006
Posts: 26
Thank you so much!

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#602977 - 08/22/06 08:36 PM Re: Written Statement Under Penalty of Perjury
TDM Offline
Member
Joined: Nov 2005
Posts: 82
I'm just working on an ACH audit and I believe that there are a couple new return reasons that could/should be listed on the form.

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#602978 - 08/23/06 01:38 PM Re: Written Statement Under Penalty of Perjury
Tennismom Offline
Platinum Poster
Tennismom
Joined: Jan 2004
Posts: 758
mcqwirefan,

Check the 2006 ACH Operating Rules and Regulation Book (you should have received one if you are a member of a regional ACH association - e.g - ALACHA EASTPAY EPN GACHA MACHA, etc.)

There is a Written Statement Under Penalty of Perjury document in the Rules and Regulations that is up-to-date. Just add those sections to the above statement.

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#602979 - 08/23/06 03:23 PM Re: Written Statement Under Penalty of Perjury
mcgwirefan Offline
Junior Member
Joined: Apr 2006
Posts: 26
Great. Thank you for the responses. I found the document on page OG 79. The sample is almost exact to the above statement.

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#602980 - 08/23/06 06:48 PM Re: Written Statement Under Penalty of Perjury
TDM Offline
Member
Joined: Nov 2005
Posts: 82
Yes, but I believe the form that you're talking about in the Rules on OG 79 needs updating since some new rules have been handed down since that was published.

There may be (plenty of) others who know a lot more about ACH than I do, but I believe the WSUPP form should now include return reason code R05, from the Rules:

Effective December 16, 2005, the NACHA Operating Rules were modified
The NACHA Operating Rules require an RDFI to obtain a written statement under penalty of perjury (WSUPP) prior to returning an entry using the Return Reason Code R05


Additionally, I also have these following reasons to obtain a WSSUP:

R52 Stop Payment on Item (adjustment entries) The RDFI determines that a stop payment order has been placed on the item to which the RCK entry relates. An RDFI using this Return Reason Code must transmit the return entry by its ACH Operator's deposit deadline for the return entry to be made available to the ODFI no later than the opening of business on the banking day following the sixtieth calendar day following the Settlement Date of the RCK entry to which the item relates.

R38 Stop Payment on Source Document

The RDFI determines that a stop payment order has been placed on the source document to which the ARC entry relates. An RDFI using this Return Reason Code must transmit the return entry by its ACH Operator's deposit deadline for the return entry to be made available to the ODFI no later than the opening of business on the banking day following the sixtieth calendar day following the Settlement Date of the ARC entry to which the source document relates.

Return Reason Codes R38 and R52 were developed to provide RDFIs with a "safety net," allowing them to return a debit when a stop pay order was placed on the source document (for ARC entries) or item (for RCK entries) rather than the ACH system. In such cases, where the financial institution's DDA and ACH systems are not connected, the RDFI may not discover the stop order until the consumer receives his periodic statement. R38 and R52 give the financial institution an extended return time of sixty (60) days from the settlement date to return entries under these specific circumstances.

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#602981 - 08/24/06 03:14 PM Re: Written Statement Under Penalty of Perjury
mcgwirefan Offline
Junior Member
Joined: Apr 2006
Posts: 26
I was afraid someone was going to tell me that. Okay, I will do some checking. Thank you.

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#602982 - 08/24/06 06:56 PM Re: Written Statement Under Penalty of Perjury
mcgwirefan Offline
Junior Member
Joined: Apr 2006
Posts: 26
Thanks TDM, Just an FYI:Our new stop payment forms address R52 and R38 so I am good on those.

I added the RO5 to the above statement. I appreciate your help.

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