[ Text of section effective until July 27, 2010. For text effective July 27, 2010, see below.]
Section 9A. (a) On or before November 1 of each year, the treasurer of a city or town holding checks issued by the city or town which have not been cashed and which are deemed abandoned under section 5 may issue a written determination that it is in the best interests of the city or town to follow the procedures set out in this section rather than the procedures set out in sections 7, 7A, 7B, 8, 8A, 8B, 9, 10, 10A and 11. In the event that the treasurer of a city or town issues a written determination that it is in the best interests of the city or town to follow the procedures set out in this section, all checks in the possession of the city or town which were issued by that city or town and which are deemed abandoned under section 5 shall be governed by subsections (b), (c), (d) and (e) rather than said sections 7, 7A, 7B, 8, 8A, 8B, 9, 10, 10A and 11.
(b) The treasurer of a city or town holding checks each in an amount of less than $100 issued by the city or town, which have not been cashed and which are deemed abandoned under section 5, shall send a notice to the last known address of each apparent owner by first class mail and, if the city or town maintains an official Internet website, it shall post conspicuously on the website, for a period of not less than 60 days, a notice to inform the apparent owner of each check of the process necessary to rebut the presumption of abandonment, provided that the records of the city or town do not disclose that the address is inaccurate. After 60 days from the mailing or posting of the notice, if the apparent owner fails to respond, the amount may be credited to the general treasury of the city or town.
(c) The treasurer of a city or town holding checks each in an amount of $100 or more issued by the city or town which have not been cashed and are deemed abandoned under section 5, shall send a notice to the last known address of each apparent owner by first class mail and, if the city or town maintains an official Internet website, it shall post conspicuously on the website for a period of not less than 60 days, a notice to inform the apparent owner of each check of the process necessary to rebut the presumption of abandonment, provided that the records of the city or town do not disclose that the address is inaccurate. After 60 days from the mailing or posting of the notice, if the apparent owner fails to respond, the treasurer shall cause a notice of the checks to be published in a newspaper of general circulation which is printed in English in the county in which the city or town is located.
Each published notice or Internet website posting shall be entitled, "Notice of Names of Persons Appearing to be Owners of Checks Issued by (city or town), Which Have Not Been Cashed and are Deemed Abandoned'' and shall contain the names in alphabetical order and last known address of each of the apparent owners.
Each published or posted notice shall also contain a statement that information about each check may be obtained by a person expressing an interest in the check by addressing an inquiry to the treasurer of the city or town whose name and address shall be included in the notice.
(d) Any person claiming an interest in a check issued by a city or town, which has not been cashed and which has been deemed abandoned under section 5, may establish a claim at any time on or before 1 year after the date of the publication. The treasurer of the city or town shall determine all such claims and shall send a written notice of his determination to the claimant immediately following such determination. At any time within 20 days after such notice, the claimant may apply for a hearing and redetermination of his claim. After an appropriate hearing before the treasurer of the city or town or his designee, the treasurer shall make a final determination.
The treasurer of a city or town or his designee may take testimony under oath and may subpoena and require the attendance of witnesses and the production of books, papers and documents which may be pertinent to the hearing. The treasurer of the city or town shall render a decision within 30 days after a hearing. A claimant adversely affected by a decision may appeal within 20 days to the district, municipal or superior court of the county in which the city or town is located. The claimant shall have a trial de novo. An appeal shall be perfected by the claimant within 20 days after receiving notice of an adverse determination from the treasurer of the city or town. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.
If the validity of a claim shall be determined in favor of the claimant, the treasurer of the city or town shall pay over to the claimant the amount of the check at issue in the claim, with interest at the rate of 1/12 of 1 per cent per month from the date that the claimant first made his claim.
If the claimant is domiciled in a country or state outside the United States or its territories and the treasurer of a city or town determines that there is no reasonable assurance that the claimant will actually receive the payment to which he is entitled under this section in substantially full value, the superior court, in its discretion or upon a petition by the city or town treasurer, may order that the city or town retain such payment.
(e) A city or town in possession of a check issued by the city or town which has not been cashed and which has been deemed under section 5 to be abandoned and which has not been determined to belong to a claimant within 1 year of the date the check has been deemed abandoned may retain the check. The check shall thereafter be credited to the general treasury of the city or town.
Chapter 200A: Section 9A. Disposition of abandoned funds by city or town; notice of period during which funds may be claimed; city treasurer authorized to hear claims; appeal; disbursement
[ Text of section as amended by 2010, 188, Sec. 65 effective July 27, 2010. For text effective until July 27, 2010, see above.]
Section 9A. (a) In any city, town or district that accepts this section in the manner provided in section 4 of chapter 4, there shall be an alternative procedure for disposing of abandoned funds held in the custody of the city, town or district as provided in this section.
(b) Any funds held in the custody of a city, town or district may be presumed by the city, town or district treasurer to be abandoned unless claimed by the corporation, organization, beneficiary or person entitled thereto within 1 year after the date prescribed for payment or delivery; provided, however, that the last instrument intended as payment shall bear upon its face the statement "void if not cashed within 1 year from date of issue''. After the expiration of 1 year after the date of issue, the treasurer of a city, town or district may cause the financial institution upon which the instrument was drawn to stop payment on the instrument or otherwise cause the financial institution to decline payment on the instrument and any claims made beyond that date shall only be paid by the city, town or district through the issuance of a new instrument. The city, town or district and the financial institution shall not be liable for damages, consequential or otherwise, resulting from a refusal to honor an instrument of a city, town or district submitted for payment more than a year after its issuance.
(c) The treasurer of a city, town or district holding funds owed to a corporation, organization, beneficiary or person entitled thereto that are presumed to be abandoned under this section shall post a notice entitled "Notice of names of persons appearing to be owners of funds held by (insert city, town or district name), and deemed abandoned''. The notice shall specify the names of those persons who appear from available information to be entitled to such funds, shall provide a description of the appropriate method for claiming the funds and shall state a deadline for those funds to be claimed; provided, however, that the deadline shall not be less than 60 days after the date the notice was either postmarked or first posted on a website as provided in this section. The treasurer of the city, town or district may post such notice using either of the following methods: (1) by mailing the notice by first class mail, postage prepaid, to the last known address of the beneficiary or person entitled thereto; or (2) if the city, town or district maintains an official website, by posting the notice conspicuously on the website for not less than 60 days. If the apparent owner fails to respond within 60 days after the mailing or posting of the notice, the treasurer shall cause a notice of the check to be published in a newspaper of general circulation, printed in English, in the county in which the city or town is located.
(d) In the event that funds appearing to be owed to a corporation, organization, beneficiary or person is $100 or more and the deadline as provided in the notice has passed and no claim for the funds has been made, the treasurer shall cause an additional notice, in substantially the same form as the aforementioned notice, to be published in a newspaper of general circulation in the county in which the city, town or district is located; provided, however, that the notice shall provide an extended deadline beyond which funds shall not be claimed and such deadline shall be at least 1 year from the date of publication of the notice.
(e) Once the final deadline has passed under subsection (d), the funds owed to the corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town or district and the treasurer thereof shall record the funds as revenue in the General Fund of the city, town or district and the city, town or district shall not be liable to the corporation, organization, beneficiary or person for payment of those funds or for the underlying liability for which the funds were originally intended. Upon escheat, the funds shall be available to the city, town or district's appropriating authority for appropriation for any other public purpose. In addition to the notices required in this section, the treasurer of the city, town or district may initiate any other notices or communications that are directed in good faith toward making final disbursement of the funds to the corporation, organization, beneficiary or person entitled thereto.
Prior to escheat of the funds, the treasurer of the city, town or district shall hear all claims on funds that may arise and if it is clear, based on a preponderance of the evidence available to the treasurer at the time the claim is made, that the claimant is entitled to disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by the treasurer of a written indemnification agreement from the claimant wherein the claimant agrees to hold the city, town or district and the treasurer of the city, town or district harmless in the event it is later determined that the claimant was not entitled to receipt of the funds. If it is not clear, based on a preponderance of the evidence before the treasurer at the time of the claim that the claimant is entitled to disbursement of the funds, the treasurer shall segregate the funds into a separate, interest-bearing account and shall notify the claimant of such action within 10 days. A claimant affected by this action may appeal within 20 days after receiving notice thereof to the district, municipal or superior court in the county in which the city, town or district is located. The claimant shall have a trial de novo. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.
If the validity of the claim shall be determined in favor of the claimant or another party, the treasurer shall disburse funds in accordance with the order of the court, including interest accrued. If the validity of the claim is determined to be not in favor of the claimant or another party or if the treasurer does not receive notice that an appeal has been filed within 1 year from the date the claimant was notified that funds were being withheld, then the funds, plus accrued interest, shall escheat to the city, town or district in the manner provided in this section.
If the claimant is domiciled in another state or country and the city, town or district determines that there is no reasonable assurance that the claimant will actually receive the payment provided for in this section in substantially full value, the superior court, in its discretion or upon a petition by the city, town or district, may order that the city, town or district retain the funds.
[ Text of section effective until July 27, 2010. For text effective July 27, 2010, see below.]
Section 9A. (a) On or before November 1 of each year, the treasurer of a city or town holding checks issued by the city or town which have not been cashed and which are deemed abandoned under section 5 may issue a written determination that it is in the best interests of the city or town to follow the procedures set out in this section rather than the procedures set out in sections 7, 7A, 7B, 8, 8A, 8B, 9, 10, 10A and 11. In the event that the treasurer of a city or town issues a written determination that it is in the best interests of the city or town to follow the procedures set out in this section, all checks in the possession of the city or town which were issued by that city or town and which are deemed abandoned under section 5 shall be governed by subsections (b), (c), (d) and (e) rather than said sections 7, 7A, 7B, 8, 8A, 8B, 9, 10, 10A and 11.
(b) The treasurer of a city or town holding checks each in an amount of less than $100 issued by the city or town, which have not been cashed and which are deemed abandoned under section 5, shall send a notice to the last known address of each apparent owner by first class mail and, if the city or town maintains an official Internet website, it shall post conspicuously on the website, for a period of not less than 60 days, a notice to inform the apparent owner of each check of the process necessary to rebut the presumption of abandonment, provided that the records of the city or town do not disclose that the address is inaccurate. After 60 days from the mailing or posting of the notice, if the apparent owner fails to respond, the amount may be credited to the general treasury of the city or town.
(c) The treasurer of a city or town holding checks each in an amount of $100 or more issued by the city or town which have not been cashed and are deemed abandoned under section 5, shall send a notice to the last known address of each apparent owner by first class mail and, if the city or town maintains an official Internet website, it shall post conspicuously on the website for a period of not less than 60 days, a notice to inform the apparent owner of each check of the process necessary to rebut the presumption of abandonment, provided that the records of the city or town do not disclose that the address is inaccurate. After 60 days from the mailing or posting of the notice, if the apparent owner fails to respond, the treasurer shall cause a notice of the checks to be published in a newspaper of general circulation which is printed in English in the county in which the city or town is located.
Each published notice or Internet website posting shall be entitled, "Notice of Names of Persons Appearing to be Owners of Checks Issued by (city or town), Which Have Not Been Cashed and are Deemed Abandoned'' and shall contain the names in alphabetical order and last known address of each of the apparent owners.
Each published or posted notice shall also contain a statement that information about each check may be obtained by a person expressing an interest in the check by addressing an inquiry to the treasurer of the city or town whose name and address shall be included in the notice.
(d) Any person claiming an interest in a check issued by a city or town, which has not been cashed and which has been deemed abandoned under section 5, may establish a claim at any time on or before 1 year after the date of the publication. The treasurer of the city or town shall determine all such claims and shall send a written notice of his determination to the claimant immediately following such determination. At any time within 20 days after such notice, the claimant may apply for a hearing and redetermination of his claim. After an appropriate hearing before the treasurer of the city or town or his designee, the treasurer shall make a final determination.
The treasurer of a city or town or his designee may take testimony under oath and may subpoena and require the attendance of witnesses and the production of books, papers and documents which may be pertinent to the hearing. The treasurer of the city or town shall render a decision within 30 days after a hearing. A claimant adversely affected by a decision may appeal within 20 days to the district, municipal or superior court of the county in which the city or town is located. The claimant shall have a trial de novo. An appeal shall be perfected by the claimant within 20 days after receiving notice of an adverse determination from the treasurer of the city or town. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.
If the validity of a claim shall be determined in favor of the claimant, the treasurer of the city or town shall pay over to the claimant the amount of the check at issue in the claim, with interest at the rate of 1/12 of 1 per cent per month from the date that the claimant first made his claim.
If the claimant is domiciled in a country or state outside the United States or its territories and the treasurer of a city or town determines that there is no reasonable assurance that the claimant will actually receive the payment to which he is entitled under this section in substantially full value, the superior court, in its discretion or upon a petition by the city or town treasurer, may order that the city or town retain such payment.
(e) A city or town in possession of a check issued by the city or town which has not been cashed and which has been deemed under section 5 to be abandoned and which has not been determined to belong to a claimant within 1 year of the date the check has been deemed abandoned may retain the check. The check shall thereafter be credited to the general treasury of the city or town.
Chapter 200A: Section 9A. Disposition of abandoned funds by city or town; notice of period during which funds may be claimed; city treasurer authorized to hear claims; appeal; disbursement
[ Text of section as amended by 2010, 188, Sec. 65 effective July 27, 2010. For text effective until July 27, 2010, see above.]
Section 9A. (a) In any city, town or district that accepts this section in the manner provided in section 4 of chapter 4, there shall be an alternative procedure for disposing of abandoned funds held in the custody of the city, town or district as provided in this section.
(b) Any funds held in the custody of a city, town or district may be presumed by the city, town or district treasurer to be abandoned unless claimed by the corporation, organization, beneficiary or person entitled thereto within 1 year after the date prescribed for payment or delivery; provided, however, that the last instrument intended as payment shall bear upon its face the statement "void if not cashed within 1 year from date of issue''. After the expiration of 1 year after the date of issue, the treasurer of a city, town or district may cause the financial institution upon which the instrument was drawn to stop payment on the instrument or otherwise cause the financial institution to decline payment on the instrument and any claims made beyond that date shall only be paid by the city, town or district through the issuance of a new instrument. The city, town or district and the financial institution shall not be liable for damages, consequential or otherwise, resulting from a refusal to honor an instrument of a city, town or district submitted for payment more than a year after its issuance.
(c) The treasurer of a city, town or district holding funds owed to a corporation, organization, beneficiary or person entitled thereto that are presumed to be abandoned under this section shall post a notice entitled "Notice of names of persons appearing to be owners of funds held by (insert city, town or district name), and deemed abandoned''. The notice shall specify the names of those persons who appear from available information to be entitled to such funds, shall provide a description of the appropriate method for claiming the funds and shall state a deadline for those funds to be claimed; provided, however, that the deadline shall not be less than 60 days after the date the notice was either postmarked or first posted on a website as provided in this section. The treasurer of the city, town or district may post such notice using either of the following methods: (1) by mailing the notice by first class mail, postage prepaid, to the last known address of the beneficiary or person entitled thereto; or (2) if the city, town or district maintains an official website, by posting the notice conspicuously on the website for not less than 60 days. If the apparent owner fails to respond within 60 days after the mailing or posting of the notice, the treasurer shall cause a notice of the check to be published in a newspaper of general circulation, printed in English, in the county in which the city or town is located.
(d) In the event that funds appearing to be owed to a corporation, organization, beneficiary or person is $100 or more and the deadline as provided in the notice has passed and no claim for the funds has been made, the treasurer shall cause an additional notice, in substantially the same form as the aforementioned notice, to be published in a newspaper of general circulation in the county in which the city, town or district is located; provided, however, that the notice shall provide an extended deadline beyond which funds shall not be claimed and such deadline shall be at least 1 year from the date of publication of the notice.
(e) Once the final deadline has passed under subsection (d), the funds owed to the corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town or district and the treasurer thereof shall record the funds as revenue in the General Fund of the city, town or district and the city, town or district shall not be liable to the corporation, organization, beneficiary or person for payment of those funds or for the underlying liability for which the funds were originally intended. Upon escheat, the funds shall be available to the city, town or district's appropriating authority for appropriation for any other public purpose. In addition to the notices required in this section, the treasurer of the city, town or district may initiate any other notices or communications that are directed in good faith toward making final disbursement of the funds to the corporation, organization, beneficiary or person entitled thereto.
Prior to escheat of the funds, the treasurer of the city, town or district shall hear all claims on funds that may arise and if it is clear, based on a preponderance of the evidence available to the treasurer at the time the claim is made, that the claimant is entitled to disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by the treasurer of a written indemnification agreement from the claimant wherein the claimant agrees to hold the city, town or district and the treasurer of the city, town or district harmless in the event it is later determined that the claimant was not entitled to receipt of the funds. If it is not clear, based on a preponderance of the evidence before the treasurer at the time of the claim that the claimant is entitled to disbursement of the funds, the treasurer shall segregate the funds into a separate, interest-bearing account and shall notify the claimant of such action within 10 days. A claimant affected by this action may appeal within 20 days after receiving notice thereof to the district, municipal or superior court in the county in which the city, town or district is located. The claimant shall have a trial de novo. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.
If the validity of the claim shall be determined in favor of the claimant or another party, the treasurer shall disburse funds in accordance with the order of the court, including interest accrued. If the validity of the claim is determined to be not in favor of the claimant or another party or if the treasurer does not receive notice that an appeal has been filed within 1 year from the date the claimant was notified that funds were being withheld, then the funds, plus accrued interest, shall escheat to the city, town or district in the manner provided in this section.
If the claimant is domiciled in another state or country and the city, town or district determines that there is no reasonable assurance that the claimant will actually receive the payment provided for in this section in substantially full value, the superior court, in its discretion or upon a petition by the city, town or district, may order that the city, town or district retain the funds.
[ Text of section effective until July 27, 2010. For text effective July 27, 2010, see below.]
Section 9A. (a) On or before November 1 of each year, the treasurer of a city or town holding checks issued by the city or town which have not been cashed and which are deemed abandoned under section 5 may issue a written determination that it is in the best interests of the city or town to follow the procedures set out in this section rather than the procedures set out in sections 7, 7A, 7B, 8, 8A, 8B, 9, 10, 10A and 11. In the event that the treasurer of a city or town issues a written determination that it is in the best interests of the city or town to follow the procedures set out in this section, all checks in the possession of the city or town which were issued by that city or town and which are deemed abandoned under section 5 shall be governed by subsections (b), (c), (d) and (e) rather than said sections 7, 7A, 7B, 8, 8A, 8B, 9, 10, 10A and 11.
(b) The treasurer of a city or town holding checks each in an amount of less than $100 issued by the city or town, which have not been cashed and which are deemed abandoned under section 5, shall send a notice to the last known address of each apparent owner by first class mail and, if the city or town maintains an official Internet website, it shall post conspicuously on the website, for a period of not less than 60 days, a notice to inform the apparent owner of each check of the process necessary to rebut the presumption of abandonment, provided that the records of the city or town do not disclose that the address is inaccurate. After 60 days from the mailing or posting of the notice, if the apparent owner fails to respond, the amount may be credited to the general treasury of the city or town.
(c) The treasurer of a city or town holding checks each in an amount of $100 or more issued by the city or town which have not been cashed and are deemed abandoned under section 5, shall send a notice to the last known address of each apparent owner by first class mail and, if the city or town maintains an official Internet website, it shall post conspicuously on the website for a period of not less than 60 days, a notice to inform the apparent owner of each check of the process necessary to rebut the presumption of abandonment, provided that the records of the city or town do not disclose that the address is inaccurate. After 60 days from the mailing or posting of the notice, if the apparent owner fails to respond, the treasurer shall cause a notice of the checks to be published in a newspaper of general circulation which is printed in English in the county in which the city or town is located.
Each published notice or Internet website posting shall be entitled, "Notice of Names of Persons Appearing to be Owners of Checks Issued by (city or town), Which Have Not Been Cashed and are Deemed Abandoned'' and shall contain the names in alphabetical order and last known address of each of the apparent owners.
Each published or posted notice shall also contain a statement that information about each check may be obtained by a person expressing an interest in the check by addressing an inquiry to the treasurer of the city or town whose name and address shall be included in the notice.
(d) Any person claiming an interest in a check issued by a city or town, which has not been cashed and which has been deemed abandoned under section 5, may establish a claim at any time on or before 1 year after the date of the publication. The treasurer of the city or town shall determine all such claims and shall send a written notice of his determination to the claimant immediately following such determination. At any time within 20 days after such notice, the claimant may apply for a hearing and redetermination of his claim. After an appropriate hearing before the treasurer of the city or town or his designee, the treasurer shall make a final determination.
The treasurer of a city or town or his designee may take testimony under oath and may subpoena and require the attendance of witnesses and the production of books, papers and documents which may be pertinent to the hearing. The treasurer of the city or town shall render a decision within 30 days after a hearing. A claimant adversely affected by a decision may appeal within 20 days to the district, municipal or superior court of the county in which the city or town is located. The claimant shall have a trial de novo. An appeal shall be perfected by the claimant within 20 days after receiving notice of an adverse determination from the treasurer of the city or town. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.
If the validity of a claim shall be determined in favor of the claimant, the treasurer of the city or town shall pay over to the claimant the amount of the check at issue in the claim, with interest at the rate of 1/12 of 1 per cent per month from the date that the claimant first made his claim.
If the claimant is domiciled in a country or state outside the United States or its territories and the treasurer of a city or town determines that there is no reasonable assurance that the claimant will actually receive the payment to which he is entitled under this section in substantially full value, the superior court, in its discretion or upon a petition by the city or town treasurer, may order that the city or town retain such payment.
(e) A city or town in possession of a check issued by the city or town which has not been cashed and which has been deemed under section 5 to be abandoned and which has not been determined to belong to a claimant within 1 year of the date the check has been deemed abandoned may retain the check. The check shall thereafter be credited to the general treasury of the city or town.
Chapter 200A: Section 9A. Disposition of abandoned funds by city or town; notice of period during which funds may be claimed; city treasurer authorized to hear claims; appeal; disbursement
[ Text of section as amended by 2010, 188, Sec. 65 effective July 27, 2010. For text effective until July 27, 2010, see above.]
Section 9A. (a) In any city, town or district that accepts this section in the manner provided in section 4 of chapter 4, there shall be an alternative procedure for disposing of abandoned funds held in the custody of the city, town or district as provided in this section.
(b) Any funds held in the custody of a city, town or district may be presumed by the city, town or district treasurer to be abandoned unless claimed by the corporation, organization, beneficiary or person entitled thereto within 1 year after the date prescribed for payment or delivery; provided, however, that the last instrument intended as payment shall bear upon its face the statement "void if not cashed within 1 year from date of issue''. After the expiration of 1 year after the date of issue, the treasurer of a city, town or district may cause the financial institution upon which the instrument was drawn to stop payment on the instrument or otherwise cause the financial institution to decline payment on the instrument and any claims made beyond that date shall only be paid by the city, town or district through the issuance of a new instrument. The city, town or district and the financial institution shall not be liable for damages, consequential or otherwise, resulting from a refusal to honor an instrument of a city, town or district submitted for payment more than a year after its issuance.
(c) The treasurer of a city, town or district holding funds owed to a corporation, organization, beneficiary or person entitled thereto that are presumed to be abandoned under this section shall post a notice entitled "Notice of names of persons appearing to be owners of funds held by (insert city, town or district name), and deemed abandoned''. The notice shall specify the names of those persons who appear from available information to be entitled to such funds, shall provide a description of the appropriate method for claiming the funds and shall state a deadline for those funds to be claimed; provided, however, that the deadline shall not be less than 60 days after the date the notice was either postmarked or first posted on a website as provided in this section. The treasurer of the city, town or district may post such notice using either of the following methods: (1) by mailing the notice by first class mail, postage prepaid, to the last known address of the beneficiary or person entitled thereto; or (2) if the city, town or district maintains an official website, by posting the notice conspicuously on the website for not less than 60 days. If the apparent owner fails to respond within 60 days after the mailing or posting of the notice, the treasurer shall cause a notice of the check to be published in a newspaper of general circulation, printed in English, in the county in which the city or town is located.
(d) In the event that funds appearing to be owed to a corporation, organization, beneficiary or person is $100 or more and the deadline as provided in the notice has passed and no claim for the funds has been made, the treasurer shall cause an additional notice, in substantially the same form as the aforementioned notice, to be published in a newspaper of general circulation in the county in which the city, town or district is located; provided, however, that the notice shall provide an extended deadline beyond which funds shall not be claimed and such deadline shall be at least 1 year from the date of publication of the notice.
(e) Once the final deadline has passed under subsection (d), the funds owed to the corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town or district and the treasurer thereof shall record the funds as revenue in the General Fund of the city, town or district and the city, town or district shall not be liable to the corporation, organization, beneficiary or person for payment of those funds or for the underlying liability for which the funds were originally intended. Upon escheat, the funds shall be available to the city, town or district's appropriating authority for appropriation for any other public purpose. In addition to the notices required in this section, the treasurer of the city, town or district may initiate any other notices or communications that are directed in good faith toward making final disbursement of the funds to the corporation, organization, beneficiary or person entitled thereto.
Prior to escheat of the funds, the treasurer of the city, town or district shall hear all claims on funds that may arise and if it is clear, based on a preponderance of the evidence available to the treasurer at the time the claim is made, that the claimant is entitled to disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by the treasurer of a written indemnification agreement from the claimant wherein the claimant agrees to hold the city, town or district and the treasurer of the city, town or district harmless in the event it is later determined that the claimant was not entitled to receipt of the funds. If it is not clear, based on a preponderance of the evidence before the treasurer at the time of the claim that the claimant is entitled to disbursement of the funds, the treasurer shall segregate the funds into a separate, interest-bearing account and shall notify the claimant of such action within 10 days. A claimant affected by this action may appeal within 20 days after receiving notice thereof to the district, municipal or superior court in the county in which the city, town or district is located. The claimant shall have a trial de novo. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.
If the validity of the claim shall be determined in favor of the claimant or another party, the treasurer shall disburse funds in accordance with the order of the court, including interest accrued. If the validity of the claim is determined to be not in favor of the claimant or another party or if the treasurer does not receive notice that an appeal has been filed within 1 year from the date the claimant was notified that funds were being withheld, then the funds, plus accrued interest, shall escheat to the city, town or district in the manner provided in this section.
If the claimant is domiciled in another state or country and the city, town or district determines that there is no reasonable assurance that the claimant will actually receive the payment provided for in this section in substantially full value, the superior court, in its discretion or upon a petition by the city, town or district, may order that the city, town or district retain the funds.
