Del. Code tit. 5 § 5109

Current through 2024 Legislative Session Act Chapter 510
Section 5109 - [Effective 1/1/2025] When creditor process enforceable against bank
(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

Added by Laws 2023, ch. 465,s 1, eff. 1/1/2025.