0 chapters · 835 sections in this title.
Ala. Code § 35-12-82 Claim of Another State to Recover Property
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(a) After property has been paid or delivered to the Treasurer under this article, another state may recover the property if any of the following apply: (1) The property was paid or delivered to the custody of this state because the records of the holder did not reflect a last kn…
Ala. Code § 35-12-83 Filing and Handling of Claims
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(a) A person, excluding another state, claiming property paid or delivered to the Treasurer may file a claim on a form prescribed by the Treasurer and verified by the claimant. (b) Within 120 days after a claim is filed, the Treasurer shall allow or deny the claim and give writte…
Ala. Code § 35-12-84 Filing of a Claim - Intestate and Small Claims
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(a) The surviving spouse or, if none, the surviving child or children or, if none, the surviving parent or parents of an abandoned property owner who has died intestate may claim the abandoned property under this section, and will have a defeasible right to the property, if all o…
Ala. Code § 35-12-85 Action to Establish a Claim
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A person aggrieved by a decision of the Treasurer or whose claim has not been acted upon within 120 days after its filing may maintain an original action to establish the claim in the Circuit Court of Montgomery County, Alabama, naming the Treasurer as a defendant. In any proceed…
Ala. Code § 35-12-86 Election to Take Payment or Delivery
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(a) The Treasurer may decline to receive property reported under this article which the Treasurer considers to have a value less than the expenses of notice and sale. (b) A holder, with the written consent of the Treasurer and upon conditions and terms prescribed by the Treasurer…
Ala. Code § 35-12-87 Disposition of Property Having No Substantial Commercial Value
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If the Treasurer determines after investigation that property delivered under this article has no substantial commercial value, the Treasurer may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state, the Treasur…
Ala. Code § 35-12-88 Periods of Limitation
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(a) The expiration, before or after May 12, 2004, of a period of limitation on the owner’s right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report …
Ala. Code § 35-12-89 Requests for Reports and Examination of Records
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(a) The Treasurer may require a person who has not filed a report, or a person who the Treasurer believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the Treasurer. The report must state whether the person is holding prop…
Ala. Code § 35-12-90 Retention of Records
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(a) Except as otherwise provided in subsection (b), a holder required to file a report under Section 35-12-76 shall maintain the records containing the information required to be included in the report for 10 years after the holder files the report, unless a shorter period is pro…
Ala. Code § 35-12-91 Interstate Agreements
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(a) The Treasurer may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in Section …
Ala. Code § 35-12-92 Penalties and Enforcement
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(a) A holder who fails to report, pay, or deliver property within the time prescribed by this article, or fails to perform other duties imposed by this article, shall pay to the Treasurer for credit to the General Fund a civil penalty of one hundred dollars ($100) for each busine…
Ala. Code § 35-12-93 Agreement to Locate Property. (Amended by Act 2026-285) [Effective
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until June 1, 2026.] AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned, is void and unenforceab…
Ala. Code § 35-12-94 Confidentiality; Staff
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(a) Certain information contained in a holder’s report to the Treasurer under this article, such as Social Security numbers, policy numbers, tangible property descriptions, and property dollar amounts, is not considered a public writing, but is confidential and exempt from the pr…
Ala. Code § 35-12-95 Transitional Provisions
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(a) An initial report filed under this article for property that was not required to be reported before May 12, 2004, but which is subject to this article must include all items of property that would have been presumed abandoned during the 10-year period next preceding May 12, 2…
Ala. Code § 35-12-96 Uniformity of Application and Construction
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This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. History: (Act 2004-440, p. 755, §1.)