AGO 2008 No. 4.
Case Date | August 22, 2008 |
Court | Indiana |
Indiana Attorney General Opinions
2008.
AGO 2008 No. 4.
August 22, 2008OFFICIAL OPINION 2008-04Mr. Bruce HartmanState
Examiner, State Board of Accounts Indiana Government Center South -
Rm. E418302 West Washington StreetIndianapolis,
Indiana 46204 Re: Disposition of
Uncashed Indiana Tax Refund and Prisoner Discharge ChecksDear Mr. Hartman:
You have requested our opinion regarding the proper handling of
uncashed Indiana tax refund checks and uncashed prisoner discharge checks. Your
question is occasioned by a possible inconsistency between Indiana's Unclaimed
Property Act ("IUPA") at Indiana Code section 32-34-1-1, et
seq., and Indiana's Warrant Cancellation Statute at Indiana Code
section 4-10-10-1, et seq.
Brief Answer
The funds represented by uncashed Indiana tax refund checks and
uncashed prisoner discharge checks should be paid over to Indiana's Abandoned
Property Fund, which is administered by the Office of the Attorney General and
kept by the Treasurer of State in the Abandoned Property Fund
Legal Analysis
The purpose of IUPA is to place abandoned intangible property
into the custody and safekeeping of the State for possible recovery by the
owner.
IUPA defines a "holder" as "a person obligated to deliver or pay
to the owner property that is subject to this chapter"(fn1) and "person"
includes "a government, a governmental subdivision, agency, or instrumentality.
. ."(fn2) "'Property' means an interest in intangible personal property, except
an unliquidated claim, and all income or increment derived from the interest,
including an interest that is referred to as or evidenced by: (1) money, a
check, a draft, a deposit, an interest, or a dividend. . . ." Ind. Code
32-34-1-17. Although some types of intangible property are excluded from the
IUPA, there is no specific exclusion for state-held property. Ind. Code
32-34-1-1(b).
IUPA also is specific on when property becomes abandoned. Indiana
Code 32-34-1-20 provides, in pertinent part (emphasis supplied):
(c) Property that is held, issued, or owed in the ordinary course of a holder's business is presumed abandoned if the owner or apparent owner has not communicated in writing with the holder concerning the property or has not otherwise given an indication of interest in the property during the following times: . . .
(7) For property held by a state or other government,...
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