Florida Statutes
Fla. Stat. § 679.340 (2025)
Effectiveness of right of recoupment or set-off against deposit account.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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679.340 Effectiveness of right of recoupment or set-off against deposit account.—
(1) Except as otherwise provided in subsection (3), 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.
(2) Except as otherwise provided in subsection (3), the application of this chapter 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.
(3) 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 s. 679.1041(1)(c), if the set-off is based on a claim against the debtor.
Notes of Decisions
Cited in 1
case, 2013–2013 · leading case: Brook v. Chase Bank (USA), N.A. (In re Acosta-Garriga), 506 B.R. 149 (M.D. Fla. 2013).
Brook v. Chase Bank (USA), N.A. (In re Acosta-Garriga), 506 B.R. 149 (M.D. Fla. 2013). “015 (governing setoff for a covenant not to sue); § 679.340 (governing setoff against a deposit account); § 766.”
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