Liability for Untimely ACH Return?

Posted By: tdogz

Liability for Untimely ACH Return? - 06/30/16 08:51 PM

If we receive an untimely ACH return (Unauthorized - R10), do we have any liability if we post the return to our customer's account instead of rejecting it by sending it back as R68?
Posted By: John Burnett

Re: Liability for Untimely ACH Return? - 06/30/16 08:55 PM

That depends upon your deposit contract with the Originator.
Posted By: tdogz

Re: Liability for Untimely ACH Return? - 06/30/16 09:13 PM

Assuming that we (as the financial institution) originated this as a loan payment. As the ODFI, would the customer have any claim if we reversed an old payment (over a year ago) that was made and is now claimed as unauthorized? The payment in question was made from the account of the customer's ex, not of the customer.
Posted By: rlcarey

Re: Liability for Untimely ACH Return? - 07/01/16 01:16 PM

I would kick it back as a late return. The other bank only has 60 days to return such an item.
Posted By: tdogz

Re: Liability for Untimely ACH Return? - 07/01/16 01:42 PM

I would prefer to kick it back, but I was asked by management if we would have any liability if we allowed the late return post. I haven't found any reference yet, but I was hoping I would so they'll let me return it.
Posted By: Elwood P. Dowd

Re: Liability for Untimely ACH Return? - 07/01/16 01:48 PM

Focus instead on the liability to you customer if you have the right to send it back, but fail to do so...
Posted By: rlcarey

Re: Liability for Untimely ACH Return? - 07/01/16 03:46 PM

Why would you want to place the bank in the middle of a domestic dispute unnecessarily and send a customer into a past due status? Your management is on the wrong side of the fence.
Posted By: John Burnett

Re: Liability for Untimely ACH Return? - 07/01/16 07:15 PM

Agreed. You have a deposit contract with your customer. You have no such contract with the other end of this mess (the ex). Since NACHA rules don't permit a late return using the ACH, you should let sleeping dogs lie.
Posted By: John Burnett

Re: Liability for Untimely ACH Return? - 07/01/16 07:17 PM

The receiver (the ex) and the RDFI will have to take a warranty claim to the courts to get the funds back.