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Unclaimed Property

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#1
Indiana

I am not sure I am posting this in the correct "subject area" of the forum. If I am in error, I apologize. I couldn't figure out under what subcategory it belonged.

On the Indiana Unclaimed Property website, there is property (money) listed under my name. It is not a claim that can be filed through the Indiana Unclaimed Property site. The additional message attached to the claim states:

MANY COURT PROPERTIES AND SOME OTHERS REQUIRE OUTSIDE STEPS BEYOND THIS APPLICATION AND THEREFORE CANNOT BE CLAIMED THROUGH THIS WEBSITE. THIS IS ONE SUCH PROPERTY. PLEASE VIEW ALTERNATIVE INSTRUCTIONS ON HOW TO CLAIM THESE PROPERTIES HERE
Further instructions direct me:

In order to claim these funds, you will need to file an application to claim the funds with the reporting clerk's office (under IC 32-34-3-3). Upon submission of documentation proving rightful owner identity of the funds, the court will collect the funds from our office and then, in turn, release the funds to you.
IC 32-34-3-3 Claims; procedure; payment Sec. 3. (a) Within five (5) years after a sum of money is deposited in the abandoned property fund in accordance with section 2(d) of this chapter, a person may make a claim to the money by filing an application in the court whose clerk originally held the sum. (b) If the proof presented by the claimant satisfies the court that the claim is valid, the court shall order payment of the money to the claimant. If presented with a certified copy of the court's order, the attorney general shall direct the treasurer to return the sum of money to the claimant. As added by P.L.2-2002, SEC.19. Amended by P.L.23-2008, SEC.1.
I contacted the county clerk where the money is held. The amount of money is $1500, so not inconsequential.

The county bookkeeper contacted me and wrote: "In order to receive this money back from unclaimed funds, you will need to file a petition and order with the court proving you are the rightful owner of these funds."

How do I go about filing a petitition? Is it something I can do myself or do I need the assistance of an attorney?

Thanks so much for any guidance you can provide.
 


LdiJ

Senior Member
#2
Indiana

I am not sure I am posting this in the correct "subject area" of the forum. If I am in error, I apologize. I couldn't figure out under what subcategory it belonged.

On the Indiana Unclaimed Property website, there is property (money) listed under my name. It is not a claim that can be filed through the Indiana Unclaimed Property site. The additional message attached to the claim states:

MANY COURT PROPERTIES AND SOME OTHERS REQUIRE OUTSIDE STEPS BEYOND THIS APPLICATION AND THEREFORE CANNOT BE CLAIMED THROUGH THIS WEBSITE. THIS IS ONE SUCH PROPERTY. PLEASE VIEW ALTERNATIVE INSTRUCTIONS ON HOW TO CLAIM THESE PROPERTIES HERE
Further instructions direct me:

In order to claim these funds, you will need to file an application to claim the funds with the reporting clerk's office (under IC 32-34-3-3). Upon submission of documentation proving rightful owner identity of the funds, the court will collect the funds from our office and then, in turn, release the funds to you.
IC 32-34-3-3 Claims; procedure; payment Sec. 3. (a) Within five (5) years after a sum of money is deposited in the abandoned property fund in accordance with section 2(d) of this chapter, a person may make a claim to the money by filing an application in the court whose clerk originally held the sum. (b) If the proof presented by the claimant satisfies the court that the claim is valid, the court shall order payment of the money to the claimant. If presented with a certified copy of the court's order, the attorney general shall direct the treasurer to return the sum of money to the claimant. As added by P.L.2-2002, SEC.19. Amended by P.L.23-2008, SEC.1.
I contacted the county clerk where the money is held. The amount of money is $1500, so not inconsequential.

The county bookkeeper contacted me and wrote: "In order to receive this money back from unclaimed funds, you will need to file a petition and order with the court proving you are the rightful owner of these funds."

How do I go about filing a petitition? Is it something I can do myself or do I need the assistance of an attorney?

Thanks so much for any guidance you can provide.
Is it this website that you were using?:

https://indianaunclaimed.gov/app/claim/how-to-search

If that is correct, then I am having trouble finding any instructions on how to file the petition with the court. Obviously the money is not inconsequential but neither is it high enough to justify hiring an attorney. You are going to have to file a petition to ask the court to order that the money be released to you. You will need blank pleading paper to do that if your county courthouse does not have a preprinted form available for that.
 

Zigner

Senior Member, Non-Attorney
#3
Obviously the money is not inconsequential but neither is it high enough to justify hiring an attorney.
If an attorney charges $500 and the OP gets $1,500, then a net of $1,000 certainly is worth it in my opinion. The OP should shop around.
 
#5
If you are owed money by a person who has filed for bankruptcy (or by a company that has filed for bankruptcy) in Indiana, you can find instructions and application/form that you will submit to the court, after searching by using your name, at the following website:

https://www.insb.uscourts.gov/content/application-payment-unclaimed-funds

The above website is for the US Bankruptcy Court in the Southern District of Indiana. If you don't find your name there, find the link for the US Bankruptcy Court in the Northern District of Indiana and see if you can find your name by searching at that website.
 
#6
Is it this website that you were using?:

https://indianaunclaimed.gov/app/claim/how-to-search

If that is correct, then I am having trouble finding any instructions on how to file the petition with the court. Obviously the money is not inconsequential but neither is it high enough to justify hiring an attorney. You are going to have to file a petition to ask the court to order that the money be released to you. You will need blank pleading paper to do that if your county courthouse does not have a preprinted form available for that.
Yes. This is the website. When I found the listing, it gave me the instructions to contact the clerk of the court in the county where the property was located. ("In order to claim these funds, you will need to file an application to claim the funds with the reporting clerk's office (under IC 32-34-3-3). Upon submission of documentation proving rightful owner identity of the funds, the court will collect the funds from our office and then, in turn, release the funds to you.") The clerk then told me: "In order to receive this money back from unclaimed funds, you will need to file a petition and order with the court proving you are the rightful owner of these funds.")

I will search the court website to see if it has a preprinted form or try to find a blank pleading paper.

I appreciate the help. I have a few friends who are attorneys - one is a judge in the county court - so if all else fails, I can ask for his guidance.
 
#7
Scroll down to page 25 and it gives a contact email and phone number. She may steer you in the right direction.
https://www.in.gov/sboa/files/Mayes_Unclaimed_Property.pdf
Thank you. This is an excellent resource. I have another claim that is in excess of $10,000 related to a fire claim from years ago, but even though the mortgage company no longer has an interest in the property, it is listed on the claim. I have been trying to figure out how to get them removed from the claim so maybe she can also help me with that.
 
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