The administrator may maintain an action in this or another state to enforce the Uniform Unclaimed Property Act (1995). The court may award reasonable attorney's fees to the prevailing party.
History: Laws 1997, ch. 25, § 22.
Effective dates. — Laws 1997, ch. 25, § 34 made Laws 1997, ch. 25, § 22 effective July 1, 1997.
New Mexico has standing to assert violation of the Unclaimed Property Act. Wilson v. Mass. Mut. Life Ins. Co., 2004-NMCA-051, 135 N.M. 506, 90 P.3d 525, cert. denied, 2004-NMCERT-004, 135 N.M. 563, 91 P.3d 604, overruled on other grounds by Schultz v. Pojoaque Tribal Police Dep't, 2010-NMSC-034, 148 N.M. 692, 242 P.3d 259.
Intervention. — Since there is an absence of any specific authority for intervention in New Mexico's Act, such a right under Rule 1-024 A(1) NMRA is not recognized. Wilson v. Mass. Mut. Life Ins. Co., 2004-NMCA-051, 135 N.M. 506, 90 P.3d 525, cert. denied, 2004-NMCERT-004, 135 N.M. 563, 91 P.3d 604, overruled on other grounds by Schultz v. Pojoaque Tribal Police Dep't, 2010-NMSC-034, 148 N.M. 692, 242 P.3d 259.
Structure 2021 New Mexico Statutes
Article 8A - Uniform Unclaimed Property Act
Section 7-8A-2 - Presumptions of abandonment.
Section 7-8A-3 - Contents of safe deposit box or other safekeeping depository.
Section 7-8A-4 - Rules for taking custody.
Section 7-8A-5 - Dormancy charge.
Section 7-8A-6 - Burden of proof as to property evidenced by record of check or draft.
Section 7-8A-7 - Report of abandoned property.
Section 7-8A-8 - Payment or delivery of abandoned property.
Section 7-8A-9 - Notice and publication of lists of abandoned property.
Section 7-8A-10 - Custody by state; recovery by holder; defense of holder.
Section 7-8A-10.1 - Exercise of due diligence; liability; notice.
Section 7-8A-11 - Crediting of dividends, interest and increments to owner's account.
Section 7-8A-12 - Public sale of abandoned property.
Section 7-8A-13 - Deposit of funds.
Section 7-8A-14 - Claim of another state to recover property.
Section 7-8A-15 - Filing claim with administrator; handling of claims by administrator.
Section 7-8A-16 - Appeal; action to establish claim.
Section 7-8A-17 - Election to take payment or delivery.
Section 7-8A-19 - Periods of limitation.
Section 7-8A-20 - Requests for reports and examination of records.
Section 7-8A-21 - Retention of records.
Section 7-8A-22 - Enforcement.
Section 7-8A-24 - Interest and penalties.
Section 7-8A-25 - Agreement to locate property.
Section 7-8A-26 - Foreign transactions.
Section 7-8A-27 - Transitional provisions.
Section 7-8A-29 - Uniformity of application and construction.