We believe that you are required to notify the customer, whether or not the account balance is zero, unless a court order or applicable law specifically prohibits you from notifying the customer. The privacy provisions in the Illinois Banking Act state that a bank may disclose a customer’s financial records to a third party “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 . . . unless the bank is specifically prohibited from notifying the person by order of court or by applicable State or federal law.” 205 ILCS 5/48.1(d). By disclosing the zero balance of the account to the sender of the citation or levy, you are disclosing the customer’s financial records — which include any “information pertaining to any relationship . . . between a bank and its customer . . . .”  205 ILCS 5/48.1(a)(4).

Consequently, in the case of a citation to discover assets or a levy, for which there is no law prohibiting the disclosure, you should notify the customer before responding to it.