Indiana § 32-34-1.5-31 Claims for reimbursement and return of property

Indiana Statutes

§ 32-34-1.5-31 — Claims for reimbursement and return of property

Indiana § 32-34-1.5-31

Title 32PROPERTY

Art. 34LOST OR UNCLAIMED PERSONAL PROPERTY

Ch. 1.5Revised Unclaimed Property Act

This text of Indiana § 32-34-1.5-31 (Claims for reimbursement and return of property) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-34-1.5-31 (2026).

Text

(a)A holder that pays money to the attorney general under this chapter may file a claim for reimbursement from the attorney general of the amount paid if the holder:

(1)paid the money in error; or

(2)after paying the money to the attorney general, paid money to a person the holder reasonably believed was entitled to the money.

(b)If a claim for reimbursement under subsection (a) is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder must submit proof that the instrument was presented and payment was made to a person the holder reasonably believed was entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation o

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(a) A holder that pays money to the
attorney general under this chapter may file a claim for reimbursement
from the attorney general of the amount paid if the holder:
(1) paid the money in error; or
(2) after paying the money to the attorney general, paid money to
a person the holder reasonably believed was entitled to the
money.
(b) If a claim for reimbursement under subsection (a) is made for a
payment made on a negotiable instrument, including a traveler's check,
money order, or similar instrument, the holder must submit proof that
the instrument was presented and payment was made to a person the
holder reasonably believed was entitled to payment. The holder may
claim reimbursement even if the payment was made to a person whose
claim was made after expiration of a period of limitation on the owner's
right to receive or recover property, whether specified by contract,
statute, or court order.
(c) If a holder is reimbursed by the attorney general under
subsection (a)(2), the holder may also recover from the attorney general
income or gain under section 33 of this chapter that would have been
paid to the owner if the money had been claimed from the attorney
general by the owner to the extent the income or gain was paid by the
holder to the owner.
(d) A holder that delivers property other than money to the attorney
general under this chapter may file a claim for return of the property
from the attorney general if:
(1) the holder delivered the property in error; or
(2) the apparent owner has claimed the property from the holder.
(e) If a claim for return of property is made under subsection (d), the
holder shall include with the claim evidence sufficient to establish that
the apparent owner has claimed the property from the holder or that the
property was delivered by the holder to the attorney general in error.
(f) The attorney general may determine that an affidavit submitted
by a holder is evidence sufficient to establish that the holder is entitled
to reimbursement or to recover property under this section.
(g) A holder is not required to pay a fee or other charge for
reimbursement or return of property under this section.
(h) Not later than ninety (90) days after a claim is filed under
subsection (a) or (d), the attorney general shall allow or deny the claim
and give the claimant notice of the decision in a record. If the attorney
general does not take action on a claim during the ninety (90) day
period, the claim is deemed denied.
(i) The claimant may initiate a proceeding under IC 4-21.5 for
review of the attorney general's decision or the deemed denial under
subsection (h) not later than:
(1) thirty (30) days following receipt of the notice of the attorney
general's decision; or
(2) one hundred twenty (120) days following the filing of a claim
under subsection (a) or (d) in the case of a deemed denial under
subsection (h).
(j) A final decision in an administrative proceeding initiated under
subsection (i) is subject to judicial review by a trial court with
competent jurisdiction.