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HRS §490:9-340

When a bank can use your account to pay a debt

This section explains when a bank can take money from a deposit account to cover a debt. It says a bank can do this unless the account is protected by a security interest perfected by control. It also says the law does not stop a secured party from using set-off on its own account.

creditorsdebtors

The statute, as written — Effectiveness of right of recoupment or set-off against deposit account

(a) Except as otherwise provided in subsection (c), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account. (b) Except as otherwise provided in subsection (c), the application of this article to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party. (c) The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under section 490:9-104(a)(3), if the set-off is based on a claim against the debtor.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:9-104 When a lender controls a bank account

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.