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HRS §490:9-340

When a bank can use your account to pay a debt

Read the official text at capitol.hawaii.gov ↗

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.

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

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(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.