(1) Upon the request of a state court and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institution and, if so, the balance on deposit in each such account on the date this information is provided and a record of the account’s activity for at least the prior 30 days, which may include the current and previous account statement period.
(2) In requesting information under subsection (1) of this section, the state court shall specify the name and Social Security number of the person about whom the account information is sought, and shall certify to the financial institution in writing, signed by an agent of the state court, that the person about whom account information is sought has requested appointed counsel or that appointed counsel has been provided for the person. In addition, the state court shall forward to the financial institution a certification signed by the person about whom account information is sought that authorizes the release of the account information.
(3) Any financial institution supplying account information under this section shall be reimbursed for reasonable costs incurred.
(4) No financial institution that supplies account information to a state court pursuant to this section is liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of account information under this section.
(5) Each financial institution that is requested to supply account information under this section may specify to the state court that requests for account information and responses from the financial institution shall be submitted in written, tape or electronic format. The financial institution shall respond to the request within three business days.
(6) The state court may seek account information only with respect to persons who have requested appointed counsel or who have had counsel appointed by the court. [1991 c.825 §2; 1993 c.274 §2; 2001 c.962 §82]Section: Previous 192.543 192.545 192.547 192.549 192.550 192.555 192.557 192.559 192.560 192.565 192.570 192.575 192.580 192.585 192.587 Next
Last modified: August 7, 2008