6.2-2304 - (Effective October 1, 2010) Duty to deny access to safe deposit boxes under certain conditions.
§ 6.2-2304. (Effective October 1, 2010) Duty to deny access to safe depositboxes under certain conditions.
A. As used in this section, unless the context requires otherwise:
"Creditor" means (i) a judgment creditor, (ii) a plaintiff who has obtaineda pre-judgment attachment order, or (iii) an appropriate federal or state taxofficial.
"Defendant" means the lessee of a box who is named as defendant, judgmentdebtor, or taxpayer in a notice of proceeding.
"Notice of proceeding" means a notice of (i) lien of fieri facias, (ii)other process under §§ 8.01-474, 8.01-478, 8.01-479, 8.01-501 through8.01-504, and § 58.1-1804, 58.1-2020, or 58.1-3952, (iii) levy for federaltaxes, or (iv) attachment that states the office of the company where a boxrented by the defendant is located.
B. If a company is served with a notice of proceeding with respect to a box,the company shall deny the defendant access to the box leased in the name ofthe defendant unless otherwise directed by an appropriate court or thejudgment creditor.
C. If the notice of proceeding names less than all of the co-lessees of a boxand:
1. If the rental contract so provides, the company may deny all co-lesseesaccess to the box, unless otherwise directed by an appropriate court or thejudgment creditor. The company may allow access to such co-lessee if in sodoing the company complies with the requirements of subdivision 2 as if therental contract did not provide for denial of access to co-lessees not namedin the notice of proceeding; and
2. If the rental contract does not provide for denial of access to co-lesseesnot named in the notice of proceeding, the company shall not deny access toany co-lessee not named in the notice of proceeding if the co-lessee (i) isgiven notice by the company that if the co-lessee knowingly removes from thebox any property subject to the notice of proceeding, the co-lessee shall bedeemed guilty of larceny, (ii) is given a copy of the notice of proceeding,and (iii) signs and delivers to the company a written acknowledgment ofreceipt of such notices.
(Code 1950, § 6-264.1; 1956, c. 82; 1966, c. 584, § 6.1-333; 1968, c. 574;1992, c. 17; 2010, c. 794.)