West Virginia § 31A-9-9 When creditor process enforceable against bank

West Virginia Statutes

§ 31A-9-9 — When creditor process enforceable against bank

West Virginia·Ch. 31A BANKS AND BANKING·Art. 9 THE UNIFORM SPECIAL DEPOSITS ACT

(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 l

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(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.

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