Title 35 — Title 35

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §9; Acts 1991, 1st Ex. Sess., No. 91-788, §5.)

The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it. History: (Code 1923, §7994; Code 1940, T. 47, §157.)

Another State. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §10.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §11; Acts 1973, No. 1084, p. 1844, §2; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §12; Acts 1973, No. 1084, p. 1844, §3; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §13; Acts 1973, No. 1084, p. 1844, §4; Acts 1996, No. 96-724, p. 1197, §1.)

Rights Become Obligations of State; Reimbursement. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §14; Acts 1996, No. 96-724, p. 1197, §1.)

Income or Other Increments Accruing After Payment or Delivery. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §15; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §22; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §16; Acts 1996, No. 96-724, p. 1197, §1.)

Bonds for Payment; Publication of Notice. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §17; Acts 1988, 1st Ex. Sess., No. 88-724, p. 120; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §18; Acts 1991, 1st Ex. Sess., No. 91-788, §7; Acts 1996, No. 96-724, p. 1197, §1.)

The finder of a thing may exonerate himself from liability at any time by placing it on storage with any responsible person of good character at a reasonable expense. History: (Code 1923, §7995; Code 1940, T. 47, §158.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §19; Acts 1996, No. 96-724, p. 1197, §1.)

by Treasurer. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §20; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §21; Acts 1992, No. 92-186, p. 349, §15; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §23; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §24; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §25; Acts 1996, No. 96-724, p. 1197, §1.)

Employees; Special Counsel. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §26; Acts 1996, No. 96-724, p. 1197, §1.)

State. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §27.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §29.)

(a) The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges of the finder in the following cases: (1) When the thing is in…

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1991, No. 91-577, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Act 99-381, §§2, 3.)

Any person who is regularly engaged in the business of performing services upon articles left in his or her custody for that purpose may, subject to the provisions of this section, make disposition of such articles in any manner he or she sees fit after notice to the owner 10 day…

This article may be cited as the Uniform Disposition of Unclaimed Property Act of 2004. History: (Act 2004-440, p. 755, §1.)

AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. As used in this article, unless the context otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section: (1) APPARENT OWNER. A person whose name appear…

until June 1, 2026.] AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (1) Traveler’s checks, 15 years after issua…

(a) The following entities are exempt from reporting property under this article: (1) Electric cooperatives organized under Chapters 6 and 7 of Title 37. (2) Incorporated municipalities and incorporated municipal boards and county and county boards of this state. (b) The followin…

Except as otherwise provided in this article, or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if any of the following occur: (1) The last known address of the apparent owner,…

(a) Any person engaged primarily in the business of selling tangible personal property at retail, by contract with the customer may, charge, and deduct from the property otherwise subject to this article, a reasonable administrative and restocking fee of not more than twenty-five…

until June 1, 2026.] AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) A holder of property presumed abandoned shall make a report to the Treasurer concerning the property. The report shall be filed electronically and the monies remitted electroni…

(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required in Section 35-12-76, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the Treasurer the property described in the r…

(a) It is specifically recognized that the state has an obligation to make an effort to notify apparent owners of abandoned property in a cost-effective manner. (b) The Treasurer shall make at least one active attempt to notify apparent owners of the existence of abandoned proper…

(a) In this article, good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment or delivery of property to the Treasurer, the state assumes custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to th…

[Effective until June 1, 2026.] AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Except as otherwise provided in this section, the Treasurer, within three years after the receipt of abandoned property, shall sell it to the highest bidder at publi…

(a) The Treasurer shall promptly deposit in the Unclaimed Property Reserve Fund, created within the Treasury, all funds received under this article, including but not limited to, the proceeds from the sale of abandoned property under Section 35-12- 80, from which the Treasurer sh…

(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…

(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…

(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…

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…

(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…

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…

(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 …

(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…

(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…

(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 …

(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…

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…