United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-28-108, 2025

Creditors generally cannot enforce process against a bank for a special deposit unless the subsection (2) conditions are met.

bank compliancedepositor/beneficiary process handling

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01

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“Creditors generally cannot enforce process against a bank for a special deposit unless the subsection (2) conditions are met.”

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Subsection 7-28-108(2)

Creditor process is enforceable against a bank holding a special deposit if the process is served on the bank, identifies the depositor or beneficiary from the bank’s records, and gives the bank a reasonable opportunity to act.

Section 7-28-108(2)

Subsection 7-28-108(2)(b)

provides sufficient information to permit the bank to identify the depositor or the beneficiary from the bank's books and records; and

Section 7-28-108(2)(b)

Subsection 7-28-108(3)

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. Other law determines whether

Section 7-28-108(3)

Subsection 7-28-108(3)(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.

Section 7-28-108(3)(b)

04

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In force source record

Source record from le.utah.gov · Enacted 2025

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Showing 9 of 9 provisions

Provision 9

Part 7-28-1

part 7-28-1 Uniform Special Deposits Act

§ 7-28-108When creditor process enforceable against bank.Provision

Creditors generally cannot enforce process against a bank for a special deposit unless the subsection (2) conditions are met.

When creditor process enforceable against bank. Subject to Subsection (2) , creditor process with respect to a special deposit is not enforceable against the bank holding the special deposit. 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: is served on the bank; provides sufficient information to permit the bank to identify the depositor or the beneficiary from the bank's books and records; and gives the bank a reasonable opportunity to act on the process. 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. 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.
Section 7-28-108Verify source
§ 7-28-108(1)Subsection 7-28-108(1)Provision

Subject to Subsection (2), creditor process for a special deposit is not enforceable against the bank holding it.

Subject to Subsection (2) , creditor process with respect to a special deposit is not enforceable against the bank holding the special deposit.
Section 7-28-108(1)Verify source
§ 7-28-108(2)Subsection 7-28-108(2)Provision

Creditor process is enforceable against a bank holding a special deposit if the process is served on the bank, identifies the depositor or beneficiary from the bank’s records, and gives the bank a reasonable opportunity to act.

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: is served on the bank; provides sufficient information to permit the bank to identify the depositor or the beneficiary from the bank's books and records; and gives the bank a reasonable opportunity to act on the process.
Section 7-28-108(2)Verify source
§ 7-28-108(2)(a)Subsection 7-28-108(2)(a)Provision

is served on the bank;

is served on the bank;
Section 7-28-108(2)(a)Verify source
§ 7-28-108(2)(b)Subsection 7-28-108(2)(b)Provision

provides sufficient information to permit the bank to identify the depositor or the beneficiary from the bank's books and records; and

provides sufficient information to permit the bank to identify the depositor or the beneficiary from the bank's books and records; and
Section 7-28-108(2)(b)Verify source
§ 7-28-108(2)(c)Subsection 7-28-108(2)(c)Provision

gives the bank a reasonable opportunity to act on the process.

gives the bank a reasonable opportunity to act on the process.
Section 7-28-108(2)(c)Verify source
§ 7-28-108(3)Subsection 7-28-108(3)Provision

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. Other law determines whether

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. 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.
Section 7-28-108(3)Verify source
§ 7-28-108(3)(a)Subsection 7-28-108(3)(a)Provision

If creditor process is served on a bank before it is enforceable against the bank under Subsection (2), that service does not create a creditor right against the bank or a bank duty to the creditor.

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.
Section 7-28-108(3)(a)Verify source
§ 7-28-108(3)(b)Subsection 7-28-108(3)(b)Provision

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.

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.
Section 7-28-108(3)(b)Verify source

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