Nevada Revised Statutes 120A.640 – Filing claim with Administrator; handling of claims by Administrator; confidentiality
1. 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 Nevada Revised Statutes 120A.640
- 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 a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Subpoena: A command to a witness to appear and give testimony.
2. 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 NRS 120A.650.
3. Except as otherwise provided in subsection 5, 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, together with any dividend, interest or other increment to which the claimant is entitled under NRS 120A.600 and 120A.610.
4. A holder who pays the owner for property that has been delivered to the State and which, if claimed from the Administrator by the owner would be subject to an increment under NRS 120A.600 and 120A.610 may recover from the Administrator the amount of the increment.
5. The Administrator may require a person with a claim in excess of $2,000 to furnish a bond and indemnify the State against any loss resulting from the approval of such claim if the claim is based upon an original instrument, including, without limitation, a certified check or a stock certificate or other proof of ownership of securities, which cannot be furnished by the person with the claim.
6. Property held under this chapter by the Administrator is subject to a claim for the payment of a debt which the Administrator determines to be enforceable and which the owner owes in this State for:
(a) Support of a child, including, without limitation, any related collection costs and any amounts which may be combined with maintenance for a former spouse;
(b) A civil or criminal fine or penalty, court costs or a surcharge or restitution imposed by a final order of an administrative agency or a final judgment of a court; or
(c) A state or local tax, and any related penalty and interest.
7. The Administrator may require a person who files a claim on behalf of an estate to furnish evidence that the claimant has been contacted by, or is otherwise working on behalf of, a person with an interest in the estate, including, without limitation, an heir or a creditor. Failure to provide such evidence is grounds for denial of the claim.
8. A claim filed with the Administrator pursuant to this section, and any correspondence or other documents generated in connection with such a claim in the possession of the Administrator, is confidential and not a public record, but may be:
(a) Used by the Administrator in any manner to carry out his or her duties under this chapter; or
(b) Produced pursuant to a subpoena or court order.