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Right of offset

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Question: 
Is a letter to the borrower required when right of offset is used?
Answer: 

Whether a bank can use a right of offset and whether notice to the depositor is required is a state law question. From your email address, it appears that your bank is in Louisiana. Check Louisiana law to see (1) whether you have a right to offset, (2) whether written notice to the depositor is required, and (3) whether that notice can be delivered by standard mail or must be sent via certified mail.

If your check of state law leaves you uncertain, check with legal counsel.

Even if state law does not require written notice, some form of prompt notice to the depositor is definitely a best practice.

First published on 09/08/2024

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