West Virginia Code 36-8-15 – Filing claim with administrator; handling of claims by administrator
(a) A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.
Terms Used In West Virginia Code 36-8-15
- Administrator: means the State Treasurer. See West Virginia Code 36-8-1
- Apparent owner: means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder. See West Virginia Code 36-8-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See West Virginia Code 36-8-1
- Property: means tangible personal property described in section three of this article or a fixed and certain interest in intangible personal property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency or instrumentality, and all income or increments therefrom. See West Virginia Code 36-8-1
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 36-8-1
(b) Within 90 days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under section 16 of this article.
(c) Within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant.
(d) The administrator may waive the requirement in subsection (a) and may pay or deliver property directly to a person who does not file a claim if:
(1) The person receiving the property or payment is shown to be the apparent owner included on a report filed pursuant to this act;
(2) The administrator reasonably believes the person is entitled to receive the property or payment; and
(3) The property has a value of less than $5,000.