Sec. 67. (a) Not later than ninety (90) days after the putative holder has exhausted the administrative remedies available in section 66 of this chapter, the putative holder may:
(1) file an action against the attorney general in a court with jurisdiction challenging the attorney general's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or
(2) pay the amount or deliver the property determined by the attorney general to be paid or delivered to the attorney general and, not later than six (6) months after payment or delivery, file an action against the attorney general in a court with jurisdiction for a refund of all or part of the amount paid or return of all or part of the property delivered.
(b) If a putative holder pays or delivers property the attorney general determined must be paid or delivered to the attorney general at any time after the putative holder files an action under subsection (a)(1), the court shall continue the action as if it had been filed originally as an action for a refund or return of property under subsection (a)(2).
(c) Upon the final determination of an action filed under subsection (a), the court may award reasonable attorney's fees to a putative holder that prevails in an action under this section.
(d) A putative holder that prevails in an action under subsection (a)(2) for a refund of money paid to the attorney general is entitled to interest on the amount refunded, at the same rate a holder is required to pay to the attorney general under section 71(a) of this chapter, from the date paid to the attorney general until the date of the refund.
As added by P.L.141-2021, SEC.20.
Structure Indiana Code
Article 34. Lost or Unclaimed Personal Property
Chapter 1.5. Revised Unclaimed Property Act
32-34-1.5-1. Nonapplicability of Chapter
32-34-1.5-2. Citation of Law as "Revised Unclaimed Property Act"
32-34-1.5-4. Presumption of Abandonment
32-34-1.5-5. Presumption of Abandonment for Property Held in a Pension Account or Retirement Account
32-34-1.5-6. Presumption of Abandonment for Property Held in a Tax Deferred Account or Plan
32-34-1.5-7. Presumption of Abandonment for Property Held in an Account Established for Minors
32-34-1.5-8. Presumption of Abandonment for Property Held in a Safe Deposit Box
32-34-1.5-9. Presumption of Abandonment for Securities
32-34-1.5-10. Presumption of Abandonment for Accrued Interest
32-34-1.5-11. Indication of Apparent Owner's Interest
32-34-1.5-12. Death of an Insured or Annuitant; Death Master File
32-34-1.5-13. Proceeds Payable Under an Insurance Policy or Annuity Contract
32-34-1.5-14. Property Located in Another State or Foreign Country
32-34-1.5-15. Property Subject to Custody of State as Unclaimed Property
32-34-1.5-16. Traveler's Checks; Money Orders
32-34-1.5-17. Disputes; Burden of Proof
32-34-1.5-18. Reporting Property Presumed Abandoned
32-34-1.5-19. Reporting Requirements
32-34-1.5-20. Reporting Deadlines
32-34-1.5-21. Retention of Records
32-34-1.5-22. Failure of Owner to Request Payment
32-34-1.5-23. Notice Sent to Apparent Owner
32-34-1.5-24. Notice Requirements
32-34-1.5-25. Publication of Notice in Newspaper and on Internet
32-34-1.5-26. Determining Current Address of Apparent Owner
32-34-1.5-27. Good Faith Payment or Delivery of Property
32-34-1.5-29. Delivery of Property to Attorney General
32-34-1.5-30. Liability for Property Paid or Delivered in Good Faith
32-34-1.5-31. Claims for Reimbursement and Return of Property
32-34-1.5-32. Property Removed From Safe Deposit Box
32-34-1.5-32.5. United States Savings Bonds
32-34-1.5-33. Gain Realized or Accrued on Property
32-34-1.5-34. Declining Custody of Property; Delivering Property Before Presumed Abandoned
32-34-1.5-35. Disposal of Property; Actions Against State
32-34-1.5-36. Periods of Limitation; Commencement of Action by Attorney General
32-34-1.5-37. Sale of Property
32-34-1.5-38. Sale of Securities
32-34-1.5-39. Transfer of Securities
32-34-1.5-40. Property Purchased at Sale
32-34-1.5-41. Medal or Decoration Awarded for Military Service
32-34-1.5-42. Abandoned Property Fund
32-34-1.5-43. Records Maintained by Attorney General
32-34-1.5-44. Deductions; Transfer to State General Fund
32-34-1.5-45. Property Not Owned by State
32-34-1.5-46. Property Subject to Superior Claim
32-34-1.5-47. Right of Another State to Take Custody of Property
32-34-1.5-48. Filing Claims for Property
32-34-1.5-49. Allowing and Denying Claims
32-34-1.5-50. Delivery of Property to Owner; Payment of Enforceable Debt
32-34-1.5-51. Action for Denial of Claim
32-34-1.5-53. Examining Records
32-34-1.5-54. Rules for Examining Records
32-34-1.5-55. Use and Disclosure of Records
32-34-1.5-56. Prima Facie Evidence of Debt or Obligation
32-34-1.5-57. Estimating Value of Property
32-34-1.5-58. Examination Report
32-34-1.5-59. Intervention in Examination; Request for Conference
32-34-1.5-60. Contract With Person to Conduct Examination
32-34-1.5-61. Ethics and Conflicts of Interest
32-34-1.5-62. Annual Report to Treasurer of State
32-34-1.5-63. Determination of Putative Holder's Liability
32-34-1.5-64. Request by Putative Holder for Informal Conference
32-34-1.5-65. Relief From Determination Made by Attorney General
32-34-1.5-66. Administrative Remedies
32-34-1.5-67. Judicial Review and Procedure
32-34-1.5-68. Enforcement of Determination
32-34-1.5-69. Exchanging Records With Another State or Foreign Country
32-34-1.5-70. Action With or on Behalf of Another State or Foreign Country
32-34-1.5-71. Interest Rates and Civil Penalties for Undelivered Property
32-34-1.5-72. Civil Penalties for Evasion and Fraudulent Reports
32-34-1.5-73. Waiving Interest and Penalties
32-34-1.5-74. Agreements to Locate or Recover Property
32-34-1.5-75. Unenforceable Agreements to Locate or Recover Property
32-34-1.5-76. Agent of Apparent Owner
32-34-1.5-77. Personal Information
32-34-1.5-78. Confidential Information
32-34-1.5-79. Disclosing Confidential Information
32-34-1.5-80. Confidentiality Agreements
32-34-1.5-81. Confidential Information in Notice
32-34-1.5-82. Responsibilities for Confidential Information; Security Plan
32-34-1.5-83. Notice of Breach of Confidential Information
32-34-1.5-84. Claims Regarding Confidential Information; Indemnification
32-34-1.5-85. General Purpose of Uniformity Among States