                                 CODE OF VIRGINIA

OWNERSHIP DURING LIFETIME; GARNISHMENT, ATTACHMENT, OR LEVY (§ 6.2-606)

A. A joint account belongs, during the lifetimes of all parties, to the parties
in proportion to the net contributions by each to the sums on deposit, except
that a joint account between persons married to each other shall belong to them
equally, and unless, in either case, there is clear and convincing evidence of a
different intent.

B. A P.O.D. account belongs to the original payee during his lifetime and not to
any P.O.D. payee. If two or more parties are named as original payees, during
their lifetimes rights as between them are governed by subsection A.

C. Unless (i) a contrary intent is manifested by the terms of the account or the
deposit agreement or (ii) there is other clear and convincing evidence of an
irrevocable trust, a trust account belongs beneficially and absolutely to the
trustee during his lifetime. If two or more parties are named as trustee on the
account, during their lifetimes beneficial rights as between them are governed
by subsection A. If there is an irrevocable trust, the account belongs
beneficially to the beneficiary.

D. Upon an order of garnishment, attachment, or other levy addressed to a party
to a joint account as mentioned in subsection A, or a trust account as mentioned
in subsection C, the financial institution shall:

   1. File an answer setting forth the form of account, whether it has funds
   responsive to the process, and such information as it has as to the names and
   addresses of the parties to the account;

   2. Send a copy of such answer by first class mail to the petitioning creditor
   or counsel of record;

   3. From the time of service of such garnishment, attachment or levy, hold the
   amount subject to such garnishment, attachment or levy, or such lesser amount
   or sum as it may have, which amount shall be set forth in its answer; and

   4. Not permit any person to draw against such amount whether by check against
   such account or otherwise.

E. If the petitioning creditor shall desire to pursue the question of ownership
of such funds held subject to the claim of two or more parties to the deposit
account, it shall (i) provide the clerk of the court that issued the order of
garnishment, attachment, or other levy with a copy of the documents originally
served on the original defendants or judgment defendants and (ii) request the
clerk to issue a summons accompanied by such copy with a copy of a notice to
co-depositors containing substantially the following information:
&#8220;Attached is a copy of the documents served on a financial institution to
cause it to withhold money from an account in which you may have an interest. If
you wish to protect your interests, you or your attorney should take appropriate
legal action promptly.&#8221;

F. Upon payment of the appropriate fees, the clerk shall issue such summons to
be served on any other party having an interest or apparent interest in such
account. Service on a party to the account made at the address on record at the
financial institution shall be presumed to be proper service for the purposes of
this section. In addition, a copy of such summons and notice shall be issued and
served on or mailed to both the financial institution and the original defendant
or judgment debtor. If such summons is received either by certified or
registered mail or acknowledged in writing within 21 days on or by such
financial institution, it shall continue to hold such funds pending further
order of the court. If such financial institution is not served with, or does
not acknowledge, such an order within 21 days from the filing of such answer, it
may treat the garnishment, attachment or levy, insofar as it relates to such
joint or trust accounts, as terminated on the twenty-second day and being of no
further force or effect.

G. The court shall allow the financial institution its reasonable expenses in
responding to discovery of its records and may condition any such discovery upon
prepayment of such expenses.

H. Orders to withhold and deliver issued by the Department of Social Services
shall be complied with as provided in &#xA7;&#xA7; 63.2-1929 and 63.2-1931.

HISTORY: 1979, c. 407, § 6.1-125.3; 1982, c. 302; 1983, c. 531; 1987, c. 296;
1988, cc. 368, 547; 1990, c. 950; 2010, c. 794.