§ 32-34-1.5-67 — Judicial review and procedure

Indiana § 32-34-1.5-67

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 34: LOST OR UNCLAIMED PERSONAL PROPERTY
• Ch. 1.5: Revised Unclaimed Property Act

Text

(a) Not later than ninety (90) days after the
putative holder has exhausted the administrative remedies available in
section 66 of this chapter, the putative holder may:
(1) file an action against the attorney general in a court with
jurisdiction challenging the attorney general's determination of
liability and seeking a declaration that the determination is
unenforceable, in whole or in part; or
(2) pay the amount or deliver the property determined by the
attorney general to be paid or delivered to the attorney general
and, not later than six (6) months after payment or delivery, file
an action against the attorney general in a court with jurisdiction
for a refund of all or part of the amount paid or return of all or
part of the property delivered.
(b) If a putative holder pays or delivers property the attorney general
determined must be paid or delivered to the attorney general at any
time after the putative holder files an action under subsection (a)(1),
the court shall continue the action as if it had been filed originally as
an action for a refund or return of property under subsection (a)(2).
(c) Upon the final determination of an action filed under subsection
(a), the court may award reasonable attorney's fees to a putative holder
that prevails in an action under this section.
(d) A putative holder that prevails in an action under subsection
(a)(2) for a refund of money paid to the attorney general is entitled to
interest on the amount refunded, at the same rate a holder is required
to pay to the attorney general under section 71(a) of this chapter, from
the date paid to the attorney general until the date of the refund.

Legislative History

As added by P.L.141-2021, SEC.20.