UNCLAIMED PROPERTY POLICY
PURPOSE: This policy is established to provide proper procedures for the City to take possession of long standing unclaimed checks and deposits in accordance with California Government Code, and to ensure accurate accounting.
1. SUMMARY OF CALIFORNIA GOVERNMENT CODE
A. Per California Government Code, money that remains unclaimed in the treasury of local agencies for a period of more than three (3) years will become the property of the local agency forty-five (45) days after the initial public notice if not claimed or if no verified complaint is filed and served (Gov. Code Sec. 50050 and 50051).
B. At any time after the expiration of the three-year period, the City of Garden Grove may cause a notice to be published once a week for two successive weeks in a newspaper of g eneral circulation published in the City of Garden Grove (Gov. Code Sec. 50050).
C. The notice shall state the amount of money, the fund in which it is held, and that the money shall become the property of the City of Garden G rove on a date not less than forty -five (45) days and no more than sixty (60) days after the f irst publication of the notice (Gov. Code Sec. 50051).
D. A party of interest may file a claim at any time until the date on which the unclaimed money becomes the property of the City. The claim form must include the claimant’s name, address, amount of claim, the grounds on which the claim is founded, and any other information that may be required by the Treasurer (Gov. Code Sec. 50052).
E. Upon submitting proof satisfactory to the City, t he Treasurer may release to the claimant, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the City (Gov. Code Sec. 50052.5).
F. When the unclaimed funds become the property of the City of Grove, the City Council may authorize the funds be recorded in the General Fund. (Gov. Code Sec. 50053).
G. For unclaimed checks of less than fifteen dollars ($15), and deposits of any am ount where the depositor’s name is unknown, when funds remain unclaimed for a period of one (1) year, they may be recorded in the General Fund with the approval of the City Council without public notification (Gov. Code Sec. 50055).
H. The Treasurer my delegate his/her responsibilities for processing unclaimed propert y (Gov.
Code Sec. 50056).
2. DISBURSEMENT AND FUNDS TRANSFER
A. A review of unclaimed checks and deposits will be completed annually.
B. The City will attempt to contact claimants for amounts greater than $500 prior to publishing the notice. Neither the attempt nor the communication will restart the clock of the three- year window, and will not prevent the unclaimed money from becoming property of the City forty - five (45) days after the publication of the notice.
C. The notice will include the statutorily required information and provide a link to the City’s website where a detailed list of unclaim ed checks and instructions to claim the funds is published.
D. For unclaimed checks or deposits, claimants are required to complete a Claim Form – Unclaimed Checks or Deposits (Exhibit A) and provide all required supporting documentation.
E. The Finance Director or his/her designee will review the claims and approve or reject them.
F. If a claim is rejected, the claimant may file a complaint seeking recovery all or part of the money in a court within the County of Orange . The City Clerk shall be served a copy of the complaint and summons which must be served within thirty (30) days of receiving notice that the claim was rejected. The City shall hold the amount of unclaimed money pending court action until a decision is rendered by the court. (Gov. Code Sec. 50052)
G. When the unclaimed funds become the property of the City, the funds shall be recorded in the fund where original payments were made, unless City Council authorizes the funds be recorded in the General Fund.
CLAIM FOR REIMBURSEMENT
(Unclaimed Checks or Deposits)
All claims for unclaimed checks or deposits must be requested in writing. A Claim Form must be completed and submitted with the required documentation listed below . For any q uestions or clarifications, please email [email protected]
For Individuals:
• A copy of current valid government issued photo identification • Verification of address, if mailing address is different from the mailing address on the original payment or photo identification
For Businesses:
• Current Form W-9
• Copy of current photo identification for the authorized agent signing the form • Letter of Authorization on Company letterhead with the names of officers or officials with authority to sign and claim on behalf of the business • If your company merged with another company, a copy of the merger agreement • If your company was dissolved, a copy of the articles of dissolution
For Third Parties:
• If claimant is an heir of the payee, please provide a copy of Death Certificate of the original payee and proof of rightful ownership, such as a trust listing the claimant as the beneficiary
• If claimant is a recovery agency, please provide a notarized Special Power of Attorney for Agent to collect the unclaimed property on behalf of the claimant
Processing time may take 3-4 weeks. Please retain copies of all forms submitted for your records.
For more information, please contact the Finance Department at [email protected], or call 714- 741-5060.
CITY OF GARDEN GROVE
UNCLAIMED CHECK/DEPOSIT – CLAIM FORM
Pursuant to California Government Code Section 50052, I hereby declare that I am the legal owner or custodian of check number __________, or electronic payment issued by the City of Garden Grove, in the amount of $______ _____, dated __________________. The name of the payee on the original check or electronic payment was __________________________.
The grounds on which I file this claim are:
__ The above check was never received, was destroyed, or lost. __ The above check is attached but voided due to lapse of time exceeding 180 days. __ The above electronic payment was never received, cleared or accepted by my financial institution.
__ Other, including deposits made to the City, please explain below:
_______________________________________________________________________________ _______________________________________________________________________________
I hereby certify, under penalty and perjury, that the information contained and attached to this claim is true and correct and is being submitted to the City of Garden Grove to substantiate my claim to money held by the City. I further certify that I have the authority and right to claim and receive payment of said money and hereby release the City of Garden Grove, its directors, employees, representatives, attorneys and agents from all liability and further obligation with respect to this claim.
______________________________________________________________________________ Printed Name of Claimant Signature of Claimant Date
______________________________________________________________________________ Claimant Taxpayer ID or SSN Phone Number Address
Please submit by:
Mail to: City of Garden Grove, Accounts Payable, 11222 Acacia Pkwy, Garden Grove, CA 92840 Email to: [email protected]
For general claim questions please contact 714-741-5060 or the above email address.
CITY USE ONLY:
Proof of Identity Verified (check one):
Driver’s License__________ Social Security Card____________ Birth Certificate____________
Verified By: _____________ Date: __________
Claim: Approved Rejected Reason for Rejection: ____________________
Reviewed By: _______________________________ Date: __________