Current through codified legislation effective September 18, 2024
Section 41-159.05 - Allowance of claim for property by the District(a) Not later than 45 days after a claim is allowed under section 7055(b), the Administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to which the owner is entitled under section 7039. On request of the owner, the Administrator may sell or liquidate a security and pay the net proceeds to the owner, even if the security had been held by the Administrator for less than 60 days or the Administrator has not complied with the notice requirements under section 7044.(b) Property held under this subtitle by the Administrator is subject to a claim for the payment of an enforceable debt the owner owes to the District for: (1) Child-support arrearages, including any child-support collection costs and child-support arrearages that are combined with maintenance;(2) A civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or(3) District taxes, penalties, and interest that have been determined to be delinquent, including delinquent debts under Delinquent Debt Recovery Act of 2012, effective September 20, 2012, (D.C. Law 19-168; D.C. Official Code § 1-350.01et seq.), and collection fees owed to the Central Collection Unit under section 3800 of Title 9 of the District of Columbia Municipal Regulations (9 DCMR § 3800 ).(c) Before delivery or payment to an owner under subsection (a) of this section of property or payment to the owner of net proceeds of a sale of the property, the Administrator first shall apply the property or net proceeds to a debt under subsection (b) of this section the Administrator determines is owed by the owner. The Administrator shall pay the amount to the appropriate District agency and notify the owner of the payment, unless another District agency is required to notify the owner of the payment.(d) The Administrator may make periodic inquiries of District agencies in the absence of a claim filed under section 7054 to determine whether an apparent owner included in the unclaimed-property records of the District has an enforceable debt described in subsection (b) of this section. The Administrator first shall apply the property or net proceeds of a sale of property held by the Administrator to a debt under subsection (b) of this section of an apparent owner which appears in the records of the Administrator and deliver the amount to the appropriate District agency. The Administrator shall notify the apparent owner of the payment, unless another District agency is required to notify the owner of the payment.Added by D.C. Law 24-45,§ VII-A-7056, 68 DCR 010163, eff. 11/13/2021.