6.1-333 - (Repealed effective October 1, 2010) Duty to deny access to safe-deposit boxes under certain conditions.
§ 6.1-333. (Repealed effective October 1, 2010) Duty to deny access tosafe-deposit boxes under certain conditions.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 servedwith 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 withrespect to a safe-deposit box, in which a renter or lessee, hereinaftercalled "lessee" of such safe-deposit box is named defendant or judgmentdebtor or taxpayer, hereinafter called "defendant," and such notice oflien, process, notice of levy or attachment states the office where suchsafe-deposit box is located, it shall be the duty of such bank to deny suchlessee access to the safe-deposit box leased in the name of the defendantunless otherwise directed by a court of competent jurisdiction or by thejudgment creditor, or the plaintiff or the District Director of InternalRevenue 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 namesless than all of the co-lessees of a safe-deposit box, the bank, where therental contract or lease so provides, may deny access to all co-lessees,unless otherwise directed by a court of competent jurisdiction or thejudgment creditor; however, the bank may allow access to such co-lessee andin so doing must comply with the requirements of this section in the samemanner and in all respects as if no such rental contract or lease provisionexisted.
Where the rental contract or lease does not provide for denial of access toco-lessees not named in the said notice of lien or other process or notice oflevy or attachment as set forth in the foregoing paragraph, the bank shallnot deny access to any such co-lessee not so named who shall sign thehereinafter required acknowledgment.
Notice of any lien or other process or notice of levy or attachment shall begiven by the bank and a written and signed acknowledgment received from eachco-lessee not named in said notice of lien or other process or notice of levyor attachment prior to such co-lessee's said entry into said safe-depositbox. If thereafter any co-lessee shall knowingly remove from any suchsafe-deposit box any property subject to said lien or other process or noticeof levy or attachment, he shall be deemed guilty of larceny; and the noticegiven 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.)