Montana Code Annotated
Part 8. Uniform Unclaimed Property Act
70-9-819. Periods of limitation

70-9-819. Periods of limitation. (1) The expiration, before or after July 1, 1997, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.
(2) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
History: En. Sec. 19, Ch. 124, L. 1997.

Structure Montana Code Annotated

Montana Code Annotated

Title 70. Property

Chapter 9. Disposition of Unclaimed Property

Part 8. Uniform Unclaimed Property Act

70-9-801. Short title

70-9-802. Definitions

70-9-803. Presumptions of abandonment

70-9-804. Contents of safe deposit box or other safekeeping depository

70-9-805. Rules for taking custody

70-9-806. Dormancy charge

70-9-807. Burden of proof as to property evidenced by record of check or draft

70-9-808. Report of abandoned property

70-9-809. Payment or delivery of abandoned property

70-9-810. Notice and publication of lists of abandoned property

70-9-811. Custody by state -- recovery by holder -- defense of holder

70-9-812. Public sale of abandoned property

70-9-813. Deposit of funds

70-9-814. Claim of another state to recover property

70-9-815. Filing claim with administrator -- handling of claims by administrator

70-9-816. Action to establish claim

70-9-817. Election to take payment or delivery

70-9-818. Destruction or disposition of property having no substantial commercial value -- immunity from liability

70-9-819. Periods of limitation

70-9-820. Requests for reports and examination of records

70-9-821. Retention of records

70-9-822. Enforcement

70-9-823. Interstate agreements and cooperation -- joint and reciprocal actions with other states

70-9-824. Interest and penalties

70-9-825. Agreement to locate property

70-9-826. Foreign transactions

70-9-827. Transitional provisions

70-9-828. Rules

70-9-829. Uniformity of application and construction