CODE OF VIRGINIA

DUTY TO DENY ACCESS TO SAFE DEPOSIT BOXES UNDER CERTAIN CONDITIONS (§ 6.2-2304)

A. As used in this section, unless the context requires
otherwise:”Creditor” means (i) a judgment creditor, (ii) a plaintiff
who has obtained a pre-judgment attachment order, or (iii) an appropriate
federal or state tax official.”Defendant” means the lessee of a box
who is named as defendant, judgment debtor, 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 through 8.01-504, and § 58.1-1804, 58.1-2020, or 58.1-3952, (iii) levy
for federal taxes, or (iv) attachment that states the office of the company
where a box rented 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 of the
defendant unless otherwise directed by an appropriate court or the judgment
creditor.

C. If the notice of proceeding names less than all of the co-lessees of a box
and:

   1.  If the rental contract so provides, the company may deny all co-lessees
   access to the box, unless otherwise directed by an appropriate court or the
   judgment creditor. The company may allow access to such co-lessee if in so
   doing the company complies with the requirements of subdivision 2 as if the
   rental contract did not provide for denial of access to co-lessees not named
   in the notice of proceeding; and

   2.  If the rental contract does not provide for denial of access to co-lessees
   not named in the notice of proceeding, the company shall not deny access to
   any co-lessee not named in the notice of proceeding if the co-lessee (i) is
   given notice by the company that if the co-lessee knowingly removes from the
   box any property subject to the notice of proceeding, the co-lessee shall be
   deemed guilty of larceny, (ii) is given a copy of the notice of proceeding,
   and (iii) signs and delivers to the company a written acknowledgment of
   receipt of such notices.

HISTORY: Code 1950, § 6-264.1; 1956, c. 82; 1966, c. 584, § 6.1-333; 1968, c.
574; 1992, c. 17; 2010, c. 794.