Delaware § 5109 - When creditor process enforceable against bank.
Full text of Delaware Delaware Code § 5109 — When creditor process enforceable against bank., with citation guidance and answers to common questions.
§ 5109. 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.
84 Del. Laws, c. 465, § 1;Frequently Asked Questions About Delaware § 5109
What does Delaware Code § 5109 cover?
Section 5109 ("When creditor process enforceable against bank.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 5109?
A common citation format is "Delaware Code § 5109" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 5109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.