Yes, we believe you should send a copy of the citation to discover assets to your former customer.

The Illinois Banking Act provides that a bank “shall disclose financial records” under a lawful citation to discover assets only after the bank mails a copy of the citation “to the person establishing the relationship with the bank, if living, and otherwise his personal representative, if known” — provided the bank is not “specifically prohibited form notifying the person by order of the court or applicable State or federal law.”

We believe that “the person establishing the relationship with the bank” would include a former customer and note that a “person” may refer to a corporation or other business entity.

For resources related to our guidance, please see:

• Illinois Banking Act, 205 ILCS 5/48.1(d) (“A bank shall disclose financial records under paragraph (2) of subsection (c) of this Section under a lawful subpoena, summons, warrant, citation to discover assets, or court order only after the bank mails a copy of the subpoena, summons, warrant, citation to discover assets, or court order to the person establishing the relationship with the bank, if living, and, otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the bank is specifically prohibited from notifying the person by order of court or by applicable State or federal law. A bank shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act.”)

• Illinois Banking Act, 205 ILCS 5/2 (“‘Person’ means an individual, corporation, limited liability company, partnership, joint venture, trust, estate, or unincorporated association.”)