§ 35-12-88 — Periods of Limitation

Alabama § 35-12-88

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 12: Lost or Unclaimed Property
• Art. 2A: Uniform Disposition of Unclaimed Property Act of 2004

Text

(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 or to pay or deliver or transfer property to the Treasurer as required by this article.
(b) An action or proceeding may not be maintained by the Treasurer to enforce this article in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the Treasurer or gave express notice to the Treasurer of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.

Legislative History

(Act 2004-440, p. 755, §1.)