5 Del. C. § 5109

When creditor process enforceable against bank.

Last amended: 2024Year: 2026Length: 170 wordsSubsections: 3Official source
(a) Subject to subsection (b) of this section, creditor process with respect to a special deposit is not enforceable against the bank holding the special deposit. (b) Creditor process is enforceable against the bank holding a special deposit with respect to an amount the bank is obligated to pay a beneficiary or a depositor if the process: (1) Is served on the bank; (2) Provides sufficient information to permit the bank to identify the depositor or the beneficiary from the bank’s books and records; and (3) Gives the bank a reasonable opportunity to act on the process. (c) Creditor process served on a bank before it is enforceable against the bank under subsection (b) of this section does not create a right of the creditor against the bank or a duty of the bank to the creditor. Other law determines whether creditor process creates a lien enforceable against the beneficiary on a contingent interest of a beneficiary, including a depositor as a beneficiary, even if not enforceable against the bank.
5 Del. C. § 5109: When creditor process enforceable against bank. | Justis AI