§523A-59 Notice of proceedings. (a) Commencing within five days after the filing of the petition, notice of the proceeding shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the city and county of Honolulu. At the time the notice is first published, a copy of the petition and notice shall be posted at the courthouse in the county where each respondent was last known or presumed to have had an address. Such petition and such notice shall remain posted for forty-five days.
(b) The notice of proceeding shall advise that the State seeks custody of unclaimed property held by the United States. The names but not the addresses of the respondents shall be contained in the notice with a statement that such persons are believed to live or to have lived within the State and are believed to be or to have been owners of the unclaimed property. The notice shall not contain a description of the unclaimed property but shall advise that such description together with the last known or presumed addresses of owners may be determined by examining the petition filed in the proceeding. The petition and its place of filing shall be sufficiently identified and described. The notice shall specify when answers to the petition must be filed and advise that persons claiming an interest must answer the petition within the time prescribed by law if they elect to pursue their claims against the United States, otherwise their rights to property shall not be preserved, subject to delayed delivery as provided by law. The notice shall advise that section 523A-60 should be consulted for the time, form, and costs of any answer.
(c) The notice shall be deemed completed forty-five days after the date of first publication, whereupon the court shall have full and complete jurisdiction over the property described in the petition and not claimed within the time or in the manner provided in section 523A-61, and shall have full and complete jurisdiction to determine the right of the State to custody and to render an appropriate judgment therefor.
(d) The notice shall be served by first class mail, together with a copy of the petition, on the clerk, registrar, or other person in charge of the federal agency, department, instrumentality, or corporation having possession, custody, or control of such property, together with a statement that no personal claim is made against such clerk, registrar, or other person. [L 1988, c 93, pt of §2]
Structure Hawaii Revised Statutes
523A-1 to 523A-41 REPEALED. §523A-1 Short title.
523A-3 Presumptions of abandonment.
523A-3.5 Gift certificates and gift cards.
523A-4 Contents of safe deposit box or other safekeeping depository.
523A-5 Rules of taking custody.
523A-7 Burden of proof as to property evidenced by record of check or draft.
523A-8 Report of abandoned property.
523A-9 Payment or delivery of abandoned property.
523A-10 Notice and publication of lists of abandoned property.
523A-11 Custody by State; recovery by holder; defense of holder.
523A-12 Crediting of dividends, interest, and increments to owner's account.
523A-13 Public sale of abandoned property.
523A-14 Claim of another state to recover property.
523A-15 Filing claim with administrator; handling of claims by administrator.
523A-16 Action to establish claim.
523A-17 Election to take payment or delivery.
523A-19 Periods of limitation.
523A-20 Requests for reports and examination of records.
523A-23 Interstate agreements and cooperation; joint and reciprocal actions with other states.
523A-24 Interest and penalties.
523A-25 Agreement to locate property.
523A-28 Transitional provisions.
523A-30 Uniformity of application and construction.
523A-51 Declaration of policy.
523A-53 Unclaimed property subject to delivery to State; presumptions.
523A-54 Request by director of finance for report of previously unreported information.
523A-55 Agreement for State's payment of share of costs.
523A-57 State's right unaffected by expiration of time for proceeding.
523A-59 Notice of proceedings.
523A-60 Answer; disposition of funds on deposit; dismissal without prejudice.
523A-62 Request for delivery or payment of unclaimed property described in judgment; receipts.
523A-63 Disposition of property received.
523A-64 Undertaking to hold the United States harmless; intervention by state attorney general.