A. Upon the payment or delivery of abandoned property to the administrator, the Commonwealth shall assume custody and shall be responsible for the safekeeping of such property. Any person who pays or delivers abandoned property to the administrator under this chapter is relieved of all liability to the extent of the value of the property so paid or delivered for any claim that then exists or that thereafter may arise or be made in respect to the property. Any holder that has paid moneys to the administrator pursuant to this chapter may make payment to 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 administrator shall forthwith reimburse the holder for the payment.
B. In the event that legal proceedings are instituted against a prior holder in a court of the Commonwealth, or in any other state or federal court, by any other state claiming to be entitled to unclaimed funds or abandoned property previously paid or delivered to the administrator, such holder shall give written notice to the administrator and the Attorney General of the Commonwealth of such proceedings (i) within 10 days after service of process or (ii) at least 10 days before the return date on which an answer or similar pleading is required to be filed. The Attorney General may intervene or take such other action as he deems appropriate or necessary to protect the interests of the Commonwealth.
C. If the notice provided in subsection B is given by the holder and thereafter a judgment is entered against the holder for any amount paid to the administrator pursuant to the terms of this chapter, the administrator shall, upon being furnished with proof thereof, return to the holder the amount of such judgment, not to exceed, however, the amount of the abandoned property paid to the administrator.
D. Property removed from a safe deposit box or other safekeeping repository that is received by the administrator shall be subject to the holder's right under this subsection 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 administrator shall make the reimbursement to the holder out of the proceeds remaining after the deduction of the administrator's selling cost.
1960, c. 330, § 55-210.15; 1964, c. 466; 1984, c. 121; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 25 - Virginia Disposition of Unclaimed Property Act
§ 55.1-2501. Property presumed abandoned; general rule
§ 55.1-2502. Taking custody of intangible unclaimed property; general rules
§ 55.1-2503. Bank deposits and funds in financial organizations
§ 55.1-2504. Traveler's checks and money orders
§ 55.1-2506. Contents of safe deposit box or other safekeeping repository
§ 55.1-2507. Funds owing under life insurance policies
§ 55.1-2508. Intangible personal property held by insurance corporation subject to § 55.1-2501
§ 55.1-2509. Unclaimed demutualization proceeds
§ 55.1-2510. Deposits held by utilities
§ 55.1-2511. Intangible interest in business association
§ 55.1-2512. Refunds held by business associations
§ 55.1-2513. Property of business associations held in course of dissolution
§ 55.1-2514. Intangible personal property held in fiduciary capacity
§ 55.1-2515. Gift certificates and credit balances
§ 55.1-2517. Intangible property held for owner by public agency
§ 55.1-2518. Property held by courts
§ 55.1-2519. Responsibilities of general receiver and clerk
§ 55.1-2520. Employee benefit trust distribution
§ 55.1-2521. Holder of tangible or intangible personal property may voluntarily report such property
§ 55.1-2522. Certain property not presumed abandoned in the Commonwealth
§ 55.1-2523. Interstate agreements and cooperation
§ 55.1-2525. Notices to be published by administrator
§ 55.1-2527. Crediting of dividends, interest, or increments to owner's account
§ 55.1-2528. Periods of limitation
§ 55.1-2529. Sale of abandoned property by administrator
§ 55.1-2530. Securities received in name of owner
§ 55.1-2531. Disposition of funds received under chapter; records to be kept by administrator
§ 55.1-2532. Filing claim to property or proceeds of sale of such property
§ 55.1-2533. Consideration of and hearing on claim by administrator; payment; interest
§ 55.1-2534. Judicial review of decision of administrator
§ 55.1-2536. Requests for verified reports and examinations of records
§ 55.1-2537. Retention of records
§ 55.1-2538. Confidentiality of information and records
§ 55.1-2539. Enforcement of chapter
§ 55.1-2540. Interest and penalties
§ 55.1-2541. Determinations; appeal procedures; regulations of administrator
§ 55.1-2542. Agreements to locate reported property; penalty
§ 55.1-2543. Property presumed abandoned or escheated under laws of another state
§ 55.1-2544. Property held or payable pursuant to Title 51.1