IC 32-34-3
Chapter 3. Unclaimed Money in Possession of a Court Clerk
IC 32-34-3-1 "Clerk" defined
Sec. 1. As used in this chapter, "clerk" means any person
performing the duties of a clerk of any court, whether designated
specifically as the clerk of that court or not. As added by P.L.2-2002, SEC.19.
IC 32-34-3-2 Collection by attorney general; disposition by treasurer of state
Sec. 2. (a) Except for money related to child support, the attorney
general may collect all money that remains in the office of a clerk for
at least five (5) years after being distributable without being claimed
by the person entitled to the money.
(b) The attorney general may collect all money related to child
support that remains in the office of a clerk for at least ten (10) years
after being distributable without being claimed by the person entitled
to the money.
(c) Clerks shall deliver the money described in subsections (a) and
(b) to the attorney general upon demand, and the attorney general
shall:
(1) make a record of the money collected; and
(2) turn it over to the treasurer of state.
(d) The treasurer of state shall deposit the money in the
abandoned property fund established by IC 32-34-1-31. As added by P.L.2-2002, SEC.19.
IC 32-34-3-3 Claims; procedure; payment
Sec. 3. (a) Within five (5) years after a sum of money is deposited
in the abandoned property fund in accordance with section 2(d) of
this chapter, a person may make a claim to the money by filing an
application in the court whose clerk originally held the sum.
(b) If the proof presented by the claimant satisfies the court that
the claim is valid, the court shall order payment of the money to the
claimant. If presented with a certified copy of the court's order, the
attorney general shall direct the treasurer to return the sum of money
to the claimant. As added by P.L.2-2002, SEC.19. Amended by P.L.23-2008, SEC.1.
IC 32-34-3-4 Unclaimed money; limitations on claiming money
Sec. 4. (a) If a sum of money remains in the abandoned property
fund for at least five (5) years after the date the money is deposited
in the fund under section 2(d) of this chapter without any order
directing the return of the money:
(1) title to the sum vests in and escheats to the state; and
(2) the sum shall be deposited in the state general fund.
(b) Any claimant who does not file an application with the court
within five (5) years after the sum is deposited in the unclaimed
funds account is barred from asserting a claim. As added by P.L.2-2002, SEC.19. Amended by P.L.246-2005,
SEC.218.
IC 32-34-3-5 Action by attorney general against clerk for failure to deliver
money
Sec. 5. The attorney general may bring an action against a clerk
who fails to deliver a sum of money to the attorney general upon
demand under section 2 of this chapter. In that action, the attorney
general may recover from the clerk, individually or upon the clerk's
bond, the sum demanded plus a ten percent (10%) penalty. The sum
demanded plus the penalty is collectible without relief from
valuation or appraisement laws. As added by P.L.2-2002, SEC.19.
IC 32-34-3
Chapter 3. Unclaimed Money in Possession of a Court Clerk
IC 32-34-3-1 "Clerk" defined
Sec. 1. As used in this chapter, "clerk" means any person
performing the duties of a clerk of any court, whether designated
specifically as the clerk of that court or not. As added by P.L.2-2002, SEC.19.
IC 32-34-3-2 Collection by attorney general; disposition by treasurer of state
Sec. 2. (a) Except for money related to child support, the attorney
general may collect all money that remains in the office of a clerk for
at least five (5) years after being distributable without being claimed
by the person entitled to the money.
(b) The attorney general may collect all money related to child
support that remains in the office of a clerk for at least ten (10) years
after being distributable without being claimed by the person entitled
to the money.
(c) Clerks shall deliver the money described in subsections (a) and
(b) to the attorney general upon demand, and the attorney general
shall:
(1) make a record of the money collected; and
(2) turn it over to the treasurer of state.
(d) The treasurer of state shall deposit the money in the
abandoned property fund established by IC 32-34-1-31. As added by P.L.2-2002, SEC.19.
IC 32-34-3-3 Claims; procedure; payment
Sec. 3. (a) Within five (5) years after a sum of money is deposited
in the abandoned property fund in accordance with section 2(d) of
this chapter, a person may make a claim to the money by filing an
application in the court whose clerk originally held the sum.
(b) If the proof presented by the claimant satisfies the court that
the claim is valid, the court shall order payment of the money to the
claimant. If presented with a certified copy of the court's order, the
attorney general shall direct the treasurer to return the sum of money
to the claimant. As added by P.L.2-2002, SEC.19. Amended by P.L.23-2008, SEC.1.
IC 32-34-3-4 Unclaimed money; limitations on claiming money
Sec. 4. (a) If a sum of money remains in the abandoned property
fund for at least five (5) years after the date the money is deposited
in the fund under section 2(d) of this chapter without any order
directing the return of the money:
(1) title to the sum vests in and escheats to the state; and
(2) the sum shall be deposited in the state general fund.
(b) Any claimant who does not file an application with the court
within five (5) years after the sum is deposited in the unclaimed
funds account is barred from asserting a claim. As added by P.L.2-2002, SEC.19. Amended by P.L.246-2005,
SEC.218.
IC 32-34-3-5 Action by attorney general against clerk for failure to deliver
money
Sec. 5. The attorney general may bring an action against a clerk
who fails to deliver a sum of money to the attorney general upon
demand under section 2 of this chapter. In that action, the attorney
general may recover from the clerk, individually or upon the clerk's
bond, the sum demanded plus a ten percent (10%) penalty. The sum
demanded plus the penalty is collectible without relief from
valuation or appraisement laws. As added by P.L.2-2002, SEC.19.
IC 32-34-3
Chapter 3. Unclaimed Money in Possession of a Court Clerk
IC 32-34-3-1 "Clerk" defined
Sec. 1. As used in this chapter, "clerk" means any person
performing the duties of a clerk of any court, whether designated
specifically as the clerk of that court or not. As added by P.L.2-2002, SEC.19.
IC 32-34-3-2 Collection by attorney general; disposition by treasurer of state
Sec. 2. (a) Except for money related to child support, the attorney
general may collect all money that remains in the office of a clerk for
at least five (5) years after being distributable without being claimed
by the person entitled to the money.
(b) The attorney general may collect all money related to child
support that remains in the office of a clerk for at least ten (10) years
after being distributable without being claimed by the person entitled
to the money.
(c) Clerks shall deliver the money described in subsections (a) and
(b) to the attorney general upon demand, and the attorney general
shall:
(1) make a record of the money collected; and
(2) turn it over to the treasurer of state.
(d) The treasurer of state shall deposit the money in the
abandoned property fund established by IC 32-34-1-31. As added by P.L.2-2002, SEC.19.
IC 32-34-3-3 Claims; procedure; payment
Sec. 3. (a) Within five (5) years after a sum of money is deposited
in the abandoned property fund in accordance with section 2(d) of
this chapter, a person may make a claim to the money by filing an
application in the court whose clerk originally held the sum.
(b) If the proof presented by the claimant satisfies the court that
the claim is valid, the court shall order payment of the money to the
claimant. If presented with a certified copy of the court's order, the
attorney general shall direct the treasurer to return the sum of money
to the claimant. As added by P.L.2-2002, SEC.19. Amended by P.L.23-2008, SEC.1.
IC 32-34-3-4 Unclaimed money; limitations on claiming money
Sec. 4. (a) If a sum of money remains in the abandoned property
fund for at least five (5) years after the date the money is deposited
in the fund under section 2(d) of this chapter without any order
directing the return of the money:
(1) title to the sum vests in and escheats to the state; and
(2) the sum shall be deposited in the state general fund.
(b) Any claimant who does not file an application with the court
within five (5) years after the sum is deposited in the unclaimed
funds account is barred from asserting a claim. As added by P.L.2-2002, SEC.19. Amended by P.L.246-2005,
SEC.218.
IC 32-34-3-5 Action by attorney general against clerk for failure to deliver
money
Sec. 5. The attorney general may bring an action against a clerk
who fails to deliver a sum of money to the attorney general upon
demand under section 2 of this chapter. In that action, the attorney
general may recover from the clerk, individually or upon the clerk's
bond, the sum demanded plus a ten percent (10%) penalty. The sum
demanded plus the penalty is collectible without relief from
valuation or appraisement laws. As added by P.L.2-2002, SEC.19.
