CHAPTER 3. UNCLAIMED MONEY IN POSSESSION OF A COURT CLERK
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 personperforming the duties of a clerk of any court, whether designatedspecifically 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 attorneygeneral may collect all money that remains in the office of a clerk forat least five (5) years after being distributable without being claimedby the person entitled to the money.
(b) The attorney general may collect all money related to childsupport that remains in the office of a clerk for at least ten (10) yearsafter being distributable without being claimed by the person entitledto the money.
(c) Clerks shall deliver the money described in subsections (a) and(b) to the attorney general upon demand, and the attorney generalshall:
(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 theabandoned 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 depositedin the abandoned property fund in accordance with section 2(d) ofthis chapter, a person may make a claim to the money by filing anapplication in the court whose clerk originally held the sum.
(b) If the proof presented by the claimant satisfies the court thatthe claim is valid, the court shall order payment of the money to theclaimant. If presented with a certified copy of the court's order, theattorney general shall direct the treasurer to return the sum of moneyto 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 propertyfund for at least five (5) years after the date the money is depositedin the fund under section 2(d) of this chapter without any orderdirecting 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 courtwithin five (5) years after the sum is deposited in the unclaimedfunds 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 delivermoney
Sec. 5. The attorney general may bring an action against a clerkwho fails to deliver a sum of money to the attorney general upondemand under section 2 of this chapter. In that action, the attorneygeneral may recover from the clerk, individually or upon the clerk'sbond, the sum demanded plus a ten percent (10%) penalty. The sumdemanded plus the penalty is collectible without relief fromvaluation or appraisement laws.
As added by P.L.2-2002, SEC.19.