{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-617.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-617.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-617.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-617.html"}],"law_id":83292,"edition_id":1,"section_id":83292,"structure_id":14507,"section_number":"6.2-617","catch_line":"Setoff by financial institution against account","history":"1979, c. 407, \u00a7 6.1-125.14; 2010, c. 794.","full_text":"Without qualifying any other statutory right to setoff or lien, and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.","order_by":null,"text":{"0":{"id":298443,"text":"Without qualifying any other statutory right to setoff or lien, and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14507,"edition_id":1,"name":"Multiple-Party Accounts","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13916,"metadata":{},"date_created":"2026-06-26 03:48:24","date_modified":"2026-06-26 03:48:24","permalink":{"id":264925,"object_type":"structure","relational_id":14507,"identifier":"2","token":"6.2\/II\/6\/2","url":"\/6.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13916,"edition_id":1,"name":"Deposits and Accounts","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13000,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":264901,"object_type":"structure","relational_id":13916,"identifier":"6","token":"6.2\/II\/6","url":"\/6.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13000,"edition_id":1,"name":"Depository Institutions and Trust Organizations","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":263685,"object_type":"structure","relational_id":13000,"identifier":"II","token":"6.2\/II","url":"\/6.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83499,"structure_id":14507,"section_number":"6.2-604","catch_line":"Definitions","url":"\/6.2-604\/","token":"6.2\/II\/6\/2\/6.2-604","metadata":false},{"id":60179,"structure_id":14507,"section_number":"6.2-605","catch_line":"Applicability","url":"\/6.2-605\/","token":"6.2\/II\/6\/2\/6.2-605","metadata":false},{"id":81600,"structure_id":14507,"section_number":"6.2-606","catch_line":"Ownership during lifetime; garnishment, attachment, or levy","url":"\/6.2-606\/","token":"6.2\/II\/6\/2\/6.2-606","metadata":false},{"id":59409,"structure_id":14507,"section_number":"6.2-607","catch_line":"Effect of divorce","url":"\/6.2-607\/","token":"6.2\/II\/6\/2\/6.2-607","metadata":false},{"id":70832,"structure_id":14507,"section_number":"6.2-608","catch_line":"Right of survivorship","url":"\/6.2-608\/","token":"6.2\/II\/6\/2\/6.2-608","metadata":false},{"id":69560,"structure_id":14507,"section_number":"6.2-609","catch_line":"Change of form of account upon written order to financial institution","url":"\/6.2-609\/","token":"6.2\/II\/6\/2\/6.2-609","metadata":false},{"id":65001,"structure_id":14507,"section_number":"6.2-610","catch_line":"Transfers arising from right of survivorship nontestamentary","url":"\/6.2-610\/","token":"6.2\/II\/6\/2\/6.2-610","metadata":false},{"id":66290,"structure_id":14507,"section_number":"6.2-611","catch_line":"Liability of surviving party for debts and other liabilities of decedent's estate","url":"\/6.2-611\/","token":"6.2\/II\/6\/2\/6.2-611","metadata":false},{"id":59609,"structure_id":14507,"section_number":"6.2-612","catch_line":"Financial institution duties; multiple-party accounts; multiple-fiduciary accounts","url":"\/6.2-612\/","token":"6.2\/II\/6\/2\/6.2-612","metadata":false},{"id":69238,"structure_id":14507,"section_number":"6.2-613","catch_line":"Payment of sums in joint account","url":"\/6.2-613\/","token":"6.2\/II\/6\/2\/6.2-613","metadata":false},{"id":72313,"structure_id":14507,"section_number":"6.2-614","catch_line":"Payment of P.O.D. account","url":"\/6.2-614\/","token":"6.2\/II\/6\/2\/6.2-614","metadata":false},{"id":59587,"structure_id":14507,"section_number":"6.2-615","catch_line":"Payment of trust account","url":"\/6.2-615\/","token":"6.2\/II\/6\/2\/6.2-615","metadata":false},{"id":74285,"structure_id":14507,"section_number":"6.2-615.1","catch_line":"Payment of multiple-fiduciary account","url":"\/6.2-615.1\/","token":"6.2\/II\/6\/2\/6.2-615.1","metadata":false},{"id":57312,"structure_id":14507,"section_number":"6.2-616","catch_line":"Discharge of financial institution upon payment","url":"\/6.2-616\/","token":"6.2\/II\/6\/2\/6.2-616","metadata":false},{"id":83292,"structure_id":14507,"section_number":"6.2-617","catch_line":"Setoff by financial institution against account","url":"\/6.2-617\/","token":"6.2\/II\/6\/2\/6.2-617","metadata":false},{"id":55925,"structure_id":14507,"section_number":"6.2-618","catch_line":"Identification of joint accounts","url":"\/6.2-618\/","token":"6.2\/II\/6\/2\/6.2-618","metadata":false},{"id":79522,"structure_id":14507,"section_number":"6.2-619","catch_line":"Certain duties of parties to joint accounts in financial institutions","url":"\/6.2-619\/","token":"6.2\/II\/6\/2\/6.2-619","metadata":false},{"id":66233,"structure_id":14507,"section_number":"6.2-620","catch_line":"Application of article to accounts existing on July 1, 1980","url":"\/6.2-620\/","token":"6.2\/II\/6\/2\/6.2-620","metadata":false}],"previous_section":{"id":57312,"structure_id":14507,"section_number":"6.2-616","catch_line":"Discharge of financial institution upon payment","url":"\/6.2-616\/","token":"6.2\/II\/6\/2\/6.2-616","metadata":false},"next_section":{"id":55925,"structure_id":14507,"section_number":"6.2-618","catch_line":"Identification of joint accounts","url":"\/6.2-618\/","token":"6.2\/II\/6\/2\/6.2-618","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-617\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 407 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2010, chapter 794<\/a>.<\/p>","references":[{"id":60179,"section_number":"6.2-605","catch_line":"Applicability","order_by":null,"url":"\/6.2-605\/"}],"refers_to":false,"permalink":{"id":264983,"object_type":"law","relational_id":83292,"identifier":"6.2-617","token":"6.2\/II\/6\/2\/6.2-617","url":"\/6.2-617\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-617\/","token":"6.2\/II\/6\/2\/6.2-617","dublin_core":{"Title":"Setoff by financial institution against account","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-617","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Without qualifying any other statutory right to setoff or lien<\/span>, and subject to any contractual provision, if a party<\/span> to a multiple-party<\/span> account<\/span> is indebted to a financial institution<\/span>, the financial institution<\/span> has a right to setoff against the account in which the party<\/span> has or had immediately before his death a present right of withdrawal<\/span>. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSETOFF BY FINANCIAL INSTITUTION AGAINST ACCOUNT (\u00a7 6.2-617)\n\nWithout qualifying any other statutory right to setoff or lien, and subject to\nany contractual provision, if a party to a multiple-party account is indebted to\na financial institution, the financial institution has a right to setoff against\nthe account in which the party has or had immediately before his death a present\nright of withdrawal. The amount of the account subject to setoff is that\nproportion to which the debtor is, or was immediately before his death,\nbeneficially entitled, and in the absence of proof of net contributions, to an\nequal share with all parties having present rights of withdrawal.\n\nHISTORY: 1979, c. 407, \u00a7 6.1-125.14; 2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}