- (1) Subject to Subsection (2), creditor process with respect to a special deposit is not enforceable against the bank holding the special deposit.
(2) 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:
- (a) is served on the bank;
- (b) provides sufficient information to permit the bank to identify the depositor or the beneficiary from the bank's books and records; and
- (c) gives the bank a reasonable opportunity to act on the process.
(3)
- (a) Creditor process served on a bank before the creditor process is enforceable against the bank under Subsection (2) does not create a right of the creditor against the bank or a duty of the bank to the creditor.
- (b) 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.
Enacted by Chapter 482, 2025 General Session