Filing claim with attorney general; requirements; delivery of
property to identified owner
Sec. 36. (a) Except as provided in subsection (f), a person, except
another state, claiming an interest in property paid or delivered to the
attorney general may file a claim on a form prescribed by the
attorney general and verified by the claimant. To be considered by
the attorney general, the claim must meet the requirements
established by the attorney general.
(b) Not later than ninety (90) days after a claim that meets the
requirements established by the attorney general is filed under
subsection (a), the attorney general shall:
(1) consider the claim; and
(2) give written notice to the claimant that the claim is granted
or that the claim is denied in whole or in part.
(c) Not later than thirty (30) days after a claim is granted, the
attorney general shall pay over or deliver to the claimant the
property, or the net proceeds of the sale of property if the property
has been sold by the attorney general, together with any additional
amount to which the claimant may be entitled under section 30 of
this chapter.
(d) A holder who pays the owner for property that has been
delivered to the state and that, if claimed from the attorney general
by the owner, would be subject to an increment under section 30 of
this chapter shall recover the amount of the increment from the
attorney general.
(e) A person may file a claim under subsection (a) at any time
within twenty-five (25) years after the date on which the property
was first presumed abandoned under this chapter, notwithstanding
the expiration of any other time specified by statute, contract, or
court order during which an action or a proceeding may be
commenced or enforced to obtain payment of a claim for money or
recovery of property.
(f) The attorney general may pay over or deliver to the owner the
property, or the net proceeds of the sale of property if the property
has been sold by the attorney general, together with any additional
amount to which the claimant may be entitled under section 30 of
this chapter, without the owner filing a claim under subsection (a) if
the attorney general identifies the owner.
As added by P.L.2-2002, SEC.19. Amended by P.L.107-2003, SEC.8.
Last modified: May 24, 2006