Claims for Property Paid or Delivered to Commissioner; Procedure; Destruction of Records After Seven Years

  1. Law
  2. Georgia Code
  3. Property
  4. Rights in Personalty
  5. Disposition of Unclaimed Property
  6. Claims for Property Paid or Delivered to Commissioner; Procedure; Destruction of Records After Seven Years

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  1. A person, excluding another state, claiming an interest in any property paid or delivered to the commissioner may file with him a claim on a form prescribed by him and verified by the claimant.
  2. The commissioner shall consider each claim within 90 days after it is filed and give written notice to the claimant if the claim is denied in whole or in part.The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent.If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim.No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.
  3. If a claim is allowed, the commissioner shall pay over or deliver to the claimant the property or the amount the commissioner actually received or the net proceeds if it has been sold by the commissioner.The owner is not entitled to receive income or other increments accruing after remittance to the commissioner.
  4. The commissioner may, after seven years following the receipt of property, destroy such records related to the property as deemed necessary; and after said seven-year period any claim relating to such property must be fully substantiated by a claimant, without recourse to such records.

(Code 1981, §44-12-220, enacted by Ga. L. 1990, p. 1506, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Escheat, § 46 et seq.

C.J.S.

- 30A C.J.S., Escheat, §§ 22, 23. 81A C.J.S., States, § 269.

U.L.A.

- Uniform Disposition of Unclaimed Property Act (U.L.A.) § 19.


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