63.2-1931 - Effect of service on banks, savings institutions, etc.
§ 63.2-1931. Effect of service on banks, savings institutions, etc.
Service of a lien or orders to withhold and deliver or any other notice ordocument authorized by this chapter on the main office or headquarters orregistered agent of any bank, savings institution or other financialinstitution or broker-dealer as defined in § 13.1-501 or any other placedesignated by such financial institution or broker-dealer shall be effectiveas to any accounts, credits or other personal property (excluding propertyheld in a safe-deposit box) of the noncustodial parent held by thatinstitution or broker-dealer. The bank, savings institution, financialinstitution or broker-dealer may accept service or treat service as valideven though made at a point other than those specified above.
Within 45 days of receipt of an answer from any bank, savings institution orother financial institution or broker-dealer indicating that a support debtormay have an interest in funds in a joint account, the Department shall servenotice of the order to withhold on all joint account holders at the addressfor each account holder as provided by the bank, savings institution or otherfinancial institution or broker-dealer in the same manner as service upon thesupport debtor. A copy of the notice shall be served on the financialinstitution or broker-dealer by certified mail, return receipt requested.Each account holder may appeal the action to a hearing officer as provided in§ 63.2-1929. However, the issue to be determined by the hearing officer islimited to whether the support debtor has any interest in the joint accountwhich is being held based on the support debtor's contribution to theaccount. Upon satisfactory proof that the support debtor has no interest inthe joint account, the Department shall release the order to withhold. Uponreceipt of the copy of the notice to the joint account holders, the financialinstitution or broker-dealer shall treat the initial order to withhold ascontinuing in effect over the entire property being withheld until a releaseor order to deliver is served by the Department or until the ninety-dayperiod set forth in the following paragraph expires. If the financialinstitution or broker-dealer does not receive a copy of the notice to thejoint account holders within 45 days from delivery of its answer, it maytreat the order to withhold as released.
Upon the determination that the support debtor has some interest in the jointaccount, the Department shall initiate a petition in the general districtcourt or in the circuit court, if the joint account and the amount claimedagainst the support debtor each exceed $10,000, for the jurisdiction in whichthe support debtor or any joint account owner resides in order that the courtmay make a determination of the extent of the interest of the support debtorin the joint account, based on the amount the support debtor contributed tothe account. If the support debtor and all account owners are nonresidents,venue shall be where the support obligee resides or where the property islocated. In cases where the joint account is owned by persons married to eachother, the funds in the account shall belong to them equally unless there isclear and convincing evidence otherwise. The Department shall serve a copy ofthe petition on the financial institution or broker-dealer by certified mail,return receipt requested. If the financial institution or broker-dealer doesnot receive a copy of the petition within ninety days of receipt of thenotice to the joint account holders, it may treat the order to withhold asreleased.
Notwithstanding service or receipt of such order of support, the financialinstitution may pay any check deposited with it or another financialinstitution on or before the date of service or receipt of the order ofsupport on it.
(1988, cc. 795, 906, § 63.1-260.1; 1990, c. 950; 1992, c. 111; 2002, c. 747;2009, c. 125.)