Legal Question in Constitutional Law in Maryland

Safe Deposit Box Privacy Rights

I recently tried to access my safe deposit box located at a federally insured financial institution. This account was opened in January 1999. This box was accessed several times over the past 3 1/2 years but I do not know specifically the last date accessed. The branch location informed me that there is no record of us ever having a safe deposit box. I have a safe deposit box contract and receipt of payment. Valuables and important documents were contained in this box. The branch manager informs me that the box looks like it has been drilled and another person is now the owner according to branch information. How can I recover my valuables? Shouldn't I have received notice(s) of any activities regarding this safe deposit box? I feel as though my rights to privacy have been violated. Bank records do indicate my current address, social security number and contact information as current for my checking accounts. I would appreciate any advice as how to proceed.


Asked on 10/26/02, 7:43 am

1 Answer from Attorneys
Ranji Garrett Law Office of Ranji M. Garrett

Re: Safe Deposit Box Privacy Rights

Under the Maryland laws regulating safe-deposit companies, no one other than the people whom you stipulated should have access to the safe deposit box should have had access to it. (An exception to this is when the lessee of the safe deposit box has died and someone needs to look into the box to search for a will; but, in that case, a representative of the safe deposit company must be present when the box is opened. However, this exception obviously does not apply to you.) Since you have a contract and reciept of payment, you should be able to readily disprove the bank's contention that you have never had a safe deposit box. If showing this contract and receipt to the bank officials does not make them change their position and try to give you some satisfaction, I would take the contract and receipt to a lawyer for him or her to look at them and advise you of your options. Perhaps a letter from a lawyer to the bank regarding the matter would be enough to spur it to try to compensate you in some way; if not, you may need to file a lawsuit to get compensation for your loss. It is important that the lawyer be able to look at the contract because Maryland law authorizes a bank to include certain language in the contract limiting, to some degree, its liability in the event of a safe deposit box loss.

Good luck!

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Answered on 10/26/02, 8:39 am


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