§ 53B-5. Service on customer certification. - North Carolina Statutes

§53B‑5.  Service on customer certification.

A government authority mayhave access to a customer's financial record pursuant to G.S. 53B‑4(11)only if:

(1)        The court order orsubpoena describes with reasonable specificity the financial record to whichaccess is sought;

(2)        A copy of the courtorder or subpoena has been served on the customer pursuant to G.S. 1A‑1,Rule 4 (j) of the N.C. Rules of Civil Procedure or by certified mail to thecustomer's last known address and the court order or subpoena states the nameof the government authority seeking access to the financial record and thepurpose for which access is sought;

(3)        The following noticehas been served on the customer pursuant to G.S. 1A‑1, Rule 4 (j) of theN.C. Rules of Civil Procedure or by certified mail to the customer's last knownaddress together with the court order or subpoena:

      "Recordsor information held by the financial institution named in the attached processare being sought by government authority in accordance with the North CarolinaFinancial Privacy Act. You may have rights under the act to challenge access tothe records or information. You must, however, act within 10 days from the datethis notice was served on you to make a challenge in court or the records orinformation will be made available. You may wish to employ an attorney torepresent you and protect your rights.";

(4)        The customer has notchallenged the court order or subpoena within 10 days after service bycertified mail which is presumed to be received three days from mailing;

(5)        The governmentauthority has certified in writing to the financial institution that it hascomplied with the applicable provisions of this Chapter. (1985(Reg. Sess., 1986), c. 1002, s. 1; 1995, c. 222, s. 1.)