Code of Virginia - Title 6.1 Banking And Finance - Section 6.1-333 Duty to deny access to safe-deposit boxes under certain conditions

§ 6.1-333. Duty to deny access to safe-deposit boxes under certain conditions

In any case where a company, bank, trust company, or other corporation, hereinafter called "bank," having for rent safe-deposit boxes is served with notice of lien of fieri facias or other process under §§ 8.01-474, 8.01-478, 8.01-479, 8.01-501 through 8.01-504, 58.1-1804, 58.1-2020, or § 58.1-3952, or a notice of levy for federal taxes, or an attachment with respect to a safe-deposit box, in which a renter or lessee, hereinafter called "lessee" of such safe-deposit box is named defendant or judgment debtor or taxpayer, hereinafter called "defendant," and such notice of lien, process, notice of levy or attachment states the office where such safe-deposit box is located, it shall be the duty of such bank to deny such lessee access to the safe-deposit box leased in the name of the defendant unless otherwise directed by a court of competent jurisdiction or by the judgment creditor, or the plaintiff or the District Director of Internal Revenue or the appropriate state tax official, hereinafter called the "judgment creditor."

If the notice of lien or other process or notice of levy or attachment names less than all of the co-lessees of a safe-deposit box, the bank, where the rental contract or lease so provides, may deny access to all co-lessees, unless otherwise directed by a court of competent jurisdiction or the judgment creditor; however, the bank may allow access to such co-lessee and in so doing must comply with the requirements of this section in the same manner and in all respects as if no such rental contract or lease provision existed.

Where the rental contract or lease does not provide for denial of access to co-lessees not named in the said notice of lien or other process or notice of levy or attachment as set forth in the foregoing paragraph, the bank shall not deny access to any such co-lessee not so named who shall sign the hereinafter required acknowledgment.

Notice of any lien or other process or notice of levy or attachment shall be given by the bank and a written and signed acknowledgment received from each co-lessee not named in said notice of lien or other process or notice of levy or attachment prior to such co-lessee's said entry into said safe-deposit box. If thereafter any co-lessee shall knowingly remove from any such safe-deposit box any property subject to said lien or other process or notice of levy or attachment, he shall be deemed guilty of larceny; and the notice given to such co-lessee by the bank shall so inform said co-lessee.

(Code 1950, § 6-264.1; 1956, c. 82; 1966, c. 584; 1968, c. 574; 1992, c. 17.)

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Last modified: April 16, 2009