                                 CODE OF VIRGINIA

EFFECT OF SERVICE ON BANKS, SAVINGS INSTITUTIONS, ETC (§ 63.2-1931)

Service of a lien or orders to withhold and deliver or any other notice or
document authorized by this chapter on the main office or headquarters or
registered agent of any bank, savings institution or other financial institution
or broker-dealer as defined in § 13.1-501 or any other place designated by such
financial institution or broker-dealer shall be effective as to any accounts,
credits or other personal property (excluding property held in a safe-deposit
box) of the noncustodial parent held by that institution or broker-dealer. The
bank, savings institution, financial institution or broker-dealer may accept
service or treat service as valid even though made at a point other than those
specified above.
		Within 45 days of receipt of an answer from any bank, savings institution or
other financial institution or broker-dealer indicating that a support debtor
may have an interest in funds in a joint account, the Department shall serve
notice of the order to withhold on all joint account holders at the address for
each account holder as provided by the bank, savings institution or other
financial institution or broker-dealer in the same manner as service upon the
support debtor. A copy of the notice shall be served on the financial
institution or broker-dealer by certified mail, return receipt requested. Each
account holder may appeal the action to a hearing officer as provided in §
63.2-1929. However, the issue to be determined by the hearing officer is limited
to whether the support debtor has any interest in the joint account which is
being held based on the support debtor&#8217;s contribution to the account. Upon
satisfactory proof that the support debtor has no interest in the joint account,
the Department shall release the order to withhold. Upon receipt of the copy of
the notice to the joint account holders, the financial institution or
broker-dealer shall treat the initial order to withhold as continuing in effect
over the entire property being withheld until a release or order to deliver is
served by the Department or until the ninety-day period set forth in the
following paragraph expires. If the financial institution or broker-dealer does
not receive a copy of the notice to the joint account holders within 45 days
from delivery of its answer, it may treat the order to withhold as released.
		Upon the determination that the support debtor has some interest in the joint
account, the Department shall initiate a petition in the general district court
or in the circuit court, if the joint account and the amount claimed against the
support debtor each exceed $10,000, for the jurisdiction in which the support
debtor or any joint account owner resides in order that the court may make a
determination of the extent of the interest of the support debtor in the joint
account, based on the amount the support debtor contributed to the account. If
the support debtor and all account owners are nonresidents, venue shall be where
the support obligee resides or where the property is located. In cases where the
joint account is owned by persons married to each other, the funds in the
account shall belong to them equally unless there is clear and convincing
evidence otherwise. The Department shall serve a copy of the petition on the
financial institution or broker-dealer by certified mail, return receipt
requested. If the financial institution or broker-dealer does not receive a copy
of the petition within ninety days of receipt of the notice to the joint account
holders, it may treat the order to withhold as released.
		Notwithstanding service or receipt of such order of support, the financial
institution may pay any check deposited with it or another financial institution
on or before the date of service or receipt of the order of support on it.

HISTORY: 1988, cc. 795, 906, § 63.1-260.1; 1990, c. 950; 1992, c. 111; 2002, c.
747; 2009, c. 125.