§36-8-24. Interest and Penalties
(a) A holder who fails to report, pay or deliver property within the time prescribed by this article shall pay to the administrator interest at the annual rate of twelve percent on the property or value thereof from the date the property should have been reported, paid or delivered. (b) Except as otherwise provided in […]
§36-8-25. Records of Abandoned Property
Records of abandoned property kept by the administrator are available for inspection and copying only by an owner of such property as to the particular property he or she owns, or by his or her personal representative, next of kin, attorney at law, or such person entitled to inherit from the owner conducting a legal […]
§36-8-26. Foreign Transactions
This article does not apply to property held, due and owing in a foreign country and arising out of a foreign transaction.
§36-8-19. Periods of Limitation
(a) The expiration, before or after the effective date of this article, 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 […]
§36-8-20. Requests for Reports and Examination of Records
(a) The administrator, or the administrator's designated agent, may require a person who has not filed a report, or a person who the administrator believes has filed an inaccurate, incomplete or false report, to file a verified report in a form specified by the administrator. The report must state whether the person is holding property […]
§36-8-15. Filing Claim With Administrator; Handling of Claims by Administrator
(a) A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant. (b) Within 90 days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to […]
§36-8-16. Action to Establish Claim
A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety days after its filing may maintain an original action to establish the claim in the circuit court of Kanawha County, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action […]
§36-8-17. Election to Take Payment or Delivery
(a) The administrator may decline to receive property reported under this article which the administrator considers to have a value less than the expenses of notice and sale. (b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property […]
§36-8-18. Destruction or Disposition of Property Having No
substantial commercial value; immunity from liability. If the administrator determines after investigation that property delivered under this article has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state or any officer or against the holder for […]
§36-8-6. Burden of Proof as to Property Evidenced by Record of Check or Draft
A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument […]