Title 44, Chapter 12, Section 216
( 44-12-216)
(a) Upon payment or delivery of abandoned property to the
commissioner, the state shall assume custody and shall be
responsible for the safekeeping of the property. Any person who
pays or delivers abandoned property to the commissioner under this
article is relieved of all liability, to the extent of the value of
the property so paid or delivered, or for any claim which then
exists or which thereafter may arise or be made with respect to the
property. Any holder who has paid moneys to the commissioner
pursuant to this article may reimburse any person appearing to such
holder to be entitled thereto; and, upon proof of such payment and
proof that the payee was entitled thereto, the commissioner shall
forthwith reimburse the holder for the payment. (b) In the event legal proceedings are instituted by any other state
or states in any state or federal court with respect to unclaimed
funds or abandoned property previously paid or delivered to the
commissioner, the holder shall give written notification to the
commissioner and the Attorney General of this state of such
proceedings within ten days after service of process or at least ten
days before the return date on which an answer or similar pleading
is due or any extension thereof is secured by the holder. The
Attorney General may take such action as he deems necessary or
expedient to protect the interest of this state. The Attorney
General, by written notice prior to the return date on which an
answer or similar pleading is due or any extension thereof is
secured by the holder, but in any event in reasonably sufficient
time for the holder to comply with the directions received, shall
either direct the holder actively to defend in the proceedings or
direct that no defense be entered into the proceedings. If a
direction is received from the Attorney General that the holder need
not make a defense, this shall not preclude the holder from entering
a defense in his own name if he should so choose. However, any
defense made by the holder on his own initiative shall not entitle
the holder to reimbursement for legal fees, costs, and other
expenses as is provided in this Code section with respect to
defenses made pursuant to the direction of the Attorney General.
After the holder has actively defended in the proceedings pursuant
to the direction of the Attorney General or has been notified in
writing by the Attorney General that no defense need be made with
respect to such funds, if a judgment is entered against the holder
for any amount paid to the commissioner under this article, the
commissioner, upon being furnished either proof of payment or
satisfaction of such judgment, shall reimburse the holder the amount
so paid. The commissioner shall also reimburse the holder for any
legal fees, costs, and other directly related expenses incurred in
legal proceedings undertaken pursuant to the direction of the
Attorney General. (c) Property removed from a safe-deposit box or other safekeeping
repository that is received by the commissioner shall be subject to
the holder's right under this Code section to be reimbursed for the
actual cost of the opening and to any valid lien or contract
providing for the holder to be reimbursed for unpaid rent or storage
charges. The commissioner shall make the reimbursement to the holder
out of the proceeds remaining after the deduction of the
commissioner's selling costs. |