Effective 5/9/2017
67-4a-903. Claim for property by person claiming to be owner.
67-4a-903. Claim for property by person claiming to be owner.
- (1)
- (a) A person claiming to be the owner of property held under this chapter by the administrator may file a claim for the property on a form prescribed by the administrator.
- (b) The claimant shall verify the claim as to its completeness and accuracy.
- (2) If the owner claiming the unclaimed property is a creditor the following apply:
- (a)
- (i) the exclusive remedy for satisfying a creditor’s judgement is payment of a claim under the act; and
- (ii) a writ of attachment, garnishment, or execution is prohibited on unclaimed property;
- (b) a creditor may only receive the value of the creditor’s judgment or the amount held by the administrator, whichever is less; and
- (c) the administrator may waive the requirement in Subsection (1) and may pay or deliver property directly to a person if:
- (i) the person receiving the property or payment is shown to be the apparent owner included on a report filed under Section 67-4a-401;
- (ii) the administrator reasonably believes the person is entitled to receive the property or payment; and
- (iii) the property has a value of less than $500.
- (a)
Enacted by Chapter 371, 2017 General Session