When a customer stops making payments on a safe deposit box, we send a total of four notices (a past-due notice, a letter at 90 days, a letter at 120 days, and a final letter at 190 days). Are we required to send all four letters, and is this a common practice? We’d like to streamline this process.

No, you are not required to send those four notices at the intervals you described. Though the OCC has published guidance establishing procedures for drilling safety deposit boxes, neither that agency nor state or federal law prescribes how many delinquency notices to send — or the appropriate intervals at which to send them.

In general, delinquency notice requirements will be outlined in your safety deposit lease agreements with your customers. Provided that the past due provisions are clearly defined in the lease agreement, your bank has the flexibility to develop its own delinquency notification process.

For resources related to our guidance, please see:

  • Comptroller’s Handbook — Consigned Items and Other Customer Services page 8 (“All safe deposit boxes in which the lessee is delinquent in rent are flagged or otherwise marked so that access will be withheld until the rent is paid.”)
  • Comptroller’s Handbook — Consigned Items and Other Customer Services page 5 (“Boxes may be drilled for nonpayment of rent; upon written request of lessee; and for a special administrator, with proper legal authority, in search of a will.”)