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Clerk Handbooks

Municipal Clerk Manual – Courts with JIS




Section/Rule:

4.4

Subject:

Chapter 4 - Financial Procedures

Publication / Adopted Date:

February 1992

Topic:

Unclaimed Funds

Revised / Effective Date:

January 2018

Municipal Clerk Handbook
Courts with JIS
Chapter Four - Financial Procedures


4.4 - Unclaimed Funds

References
Statutes: 447.532, 447.539, and 447.595, RSMo
Supreme Court Rules: N/A
Court Operating Rules: N/A
Publication Date: September 1995
Revised: January 2018

Introduction

Unclaimed funds addresses disposition of funds held by the court belonging to another party who cannot be located and amounts that cannot be identified to a party. In order for funds to be considered unclaimed, the court must have made a reasonable attempt to locate the owner of the funds. A reasonable attempt could include sending a letter of notification to the party or publication in the local newspaper.

Although unclaimed funds may be remitted earlier, if the funds are unclaimed for at least three years, or one year for cash bond funds, the funds are considered abandoned and must be sent to the Unclaimed Property Division of the Missouri State Treasurer's Office. Records documenting the owner(s) of property turned over to the state should be retained for at least five years after the date the funds are sent to the state.

Remittance of Unclaimed Funds (Section 447.532, RSMo)

Unclaimed funds can include stale, outstanding checks and bonds where the court cannot locate the bond refund party, and unidentified funds held in the court’s bank account.

When remitting unclaimed funds, complete the Unclaimed Property Report form and include it with the check to the Missouri State Treasurer-Unclaimed Property Division. The form and unclaimed funds should be remitted annually by November 1. The form and instructions for remitting unclaimed property can be obtained from the Missouri State Treasurer’s website at

or:

The court should retain copies of the forms and the applicable supporting documentation related to unclaimed funds remitted to the state.
Claiming Previously Remitted Unclaimed Funds

In order to claim funds previously remitted to the Unclaimed Property Division of the Missouri State Treasurer’s Office, the individual wishing to claim the funds should contact the Unclaimed Property Division directly.

Clerk’s Duties/Procedures

Reminder: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)
Paper & eFiling Courts

1. Attempt to notify the party that funds are being held for refund or repayment.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry and Procedures: Docket Text Entry in GOLD)

3. The funds may be held in the court account until the time limits have been reached, or after reasonable attempts to locate the party have failed the court can remit the funds to the state earlier if desired.

4. Depending on the type of money and how it was handled in JIS the procedures to disburse the money to the Unclaimed Property Division property will vary. Select the type of unclaimed fund from below and follow the procedures. If your circumstances are different from the ones that follow, contact the OSCA Helpdesk and request assistance from the Accounting Assistance Unit.

Unclaimed Funds Being Held in Open Items and Unclaimed Bonds

If the court is holding bond money or has money in an open item account in JIS and is unable to locate a current address for the party the money belongs to, create a payable to the Unclaimed Property Division by performing the following procedures, as appropriate:

1. CBAACCD – Case/Party Account Detail (See Procedures: Adding Costs in GOLD)

2. CZASPAY – Custom Payment Entry (See Procedures: Applying Open Items Balance to Costs in GOLD)

3. CCABREF – Custom Bond Refund Maintenance (See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)

4. CAACKRQ – Custom Check Request (See Procedures: Printing Checks in GOLD)

Unclaimed Checks Issued by the Court

If the court has stale outstanding checks to parties that the court is unable to locate a current address, complete the following procedures as appropriate:

1. CAACKRC – Check Reconciliation (See Procedures: Voiding a Check in GOLD)

2. CBARCPT – Custom Receipt/Void/Query/Reprint (See Procedures: Voiding a Receipt in GOLD)

Note: If the open item out was applied to multiple fees on CBAACCD with various recipients, alternative procedures will have to be performed. See procedures for unclaimed checks created manually in JIS.


3. CZASPAY – Custom Payment Entry (See Procedures: Applying Open Items Balance to Costs in GOLD)

4. CCABREF – Custom Bond Refund Maintenance (See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)

5. CZAEGARAccounting Window

6. CAACKRQ – Custom Check Request (See Procedures: Printing Checks in GOLD)

Unclaimed Checks Issued by the Court with an Automatic Payable

1. CAACKRC – Check Reconciliation (See Procedures: Voiding a Check in GOLD)
2. CAAPADJPayable Void/Adjustment (See Procedures: Voiding a Payable in GOLD)
3 OSCA Reports

4 CAAPYOLCustom Payable On-Line Entry (See Procedures: Creating a Payable and Printing a Check in GOLD)

5 CAACKRQ – Custom Check Request - (See Procedures: Printing Checks in GOLD)


Unclaimed Checks with Payable Created Manually in JIS

The following procedures should be used for checks created manually in JIS (CAAPYOL – Custom Payable On-Line Entry). The payables related to manual checks created on CAAPYOL will not have a receipt associated to the payable. In addition the following procedures can be used to issue checks to the Division of Unclaimed Property when the refund button was used in the Over Payment Continue Alert window on CZASPAY when the money was never put in open items.

1. CAACKRC – Check Reconciliation (See Procedures: Voiding a Check in GOLD)

2. CAAPADJ – Payable Void/Adjustment (See Procedures: Voiding a Payable in GOLD)

3. CAAPYOL Custom Payable On-Line Entry (See Procedures: Creating a Payable and Printing a Check in GOLD)

Complete the Unclaimed Property Report form.

1. The check made payable to the Missouri State Treasurer for the unclaimed funds and the Unclaimed Property Report should be mailed to:

The above procedures will not address all situations the court may have. For additional guidance in turning unclaimed funds over to the Unclaimed Property Division, contact the OSCA Helpdesk and request assistance from the Accounting Assistance Unit.

Forms
Unclaimed Property Report