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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
www.treasurer.mo.gov
or:
Missouri State Treasurer's Office
Unclaimed Property Division
P. O. Box 1272
Jefferson City, MO 65102-1272
Phone: (573) 751-0123
E-mail:
ucp@treasurer.mo.gov
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.)
Each document should be attached as an individual attachment with the appropriate document security.
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)
2.1 Enter the docket code NOTIC - Notice
2.2 Enter into docket text any relevant details indicating when and how attempts to notify the party were made.
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)
1.1 Enter the Detail code 5064-Unclaimed Property and the amount to be remitted.
1.2 Enter the Party ID of the owner to the fee transaction.
1.3 Enter the Payee ID UNCLAIMED for the Unclaimed Property Division in the Payee ID field.
2.
CZASPAY – Custom Payment Entry
(See Procedures: Applying Open Items Balance to Costs in GOLD)
2.1 Remove the funds from open items and apply to the Unclaimed Property fee.
3.
CCABREF – Custom Bond Refund Maintenance
(See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)
3.1 Remove the funds from the bond and apply to the Unclaimed Property fee.
4.
CAACKRQ – Custom Check Request
(See Procedures: Printing Checks in GOLD)
4.1 Select the payable(s) and print the check.
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)
1.1 Void the check.
1.2. Determine how the payable for the check was created. Payables that were created automatically by JIS will be associated to a receipt. The following payables can be voided by voiding the receipt that created them.
§
Bond refund payments.
§
Open item out done on CZASPAY followed by the selection of the refund option from the Overpayment Continue Alert window.
§
Garnishment out receipt
2.
CBARCPT – Custom Receipt/Void/Query/Reprint
(See Procedures: Voiding a Receipt in GOLD)
2.1. Void the receipt that created the payable. This will return the money to the open item account if the receipt was an Open Item Out Payment or to the bond if the receipt was a Bond Refund Payment or to the garnishment account if the receipt was a Garnishment Out Payment.
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)
3.1 Remove the funds from open items and refund to the payee ID Unclaimed.
4.
CCABREF – Custom Bond Refund Maintenance
(See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)
4.1. Remove the funds from the bond and refund to the payee ID Unclaimed.
5.
CZAEGAR
–
Accounting Window
5.1 Payout/Execution Garnishment using the navigation pane link.
5.2 Change the payee ID in the garnishment payout record to the payee ID Unclaimed.
6.
CAACKRQ – Custom Check Request
(See Procedures: Printing Checks in GOLD)
6.1. Select the payable(s) and print the check.
Unclaimed Checks Issued by the Court with an Automatic Payable
1.
CAACKRC – Check Reconciliation
(See Procedures: Voiding a Check in GOLD)
1.1 Void the check.
2.
CAAPADJ
–
Payable Void/Adjustment
(See Procedures: Voiding a Payable in GOLD)
2.1 Void the Payable with APDC Code 7508 (Recipient Pay Detail Code)
3
OSCA Reports
3.1 Review Case Party Fee Report – Review disbursement section for the cost detail code for the check voided (5XXX).
4
CAAPYOL
–
Custom Payable On-Line Entry
(See Procedures: Creating a Payable and Printing a Check in GOLD)
4.1 Create a manual payable using Payee ID Unclaimed, address code MA, detail payable code (6XXX) for the cost detail code (5XXX) above.
5
CAACKRQ – Custom Check Request -
(See Procedures: Printing Checks in GOLD)
5.1 Select the payable(s) and print the check.
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)
1.1. Void the check.
2.
CAAPADJ – Payable Void/Adjustment
(See Procedures: Voiding a Payable in GOLD)
2.1 Void the payable.
2.2 Note the Account Payable Detail Code (APDC) associated to the payable.
3.
CAAPYOL Custom Payable On-Line Entry
(See Procedures: Creating a Payable and Printing a Check in GOLD)
3.1 Create a payable by entering the Payee ID UNCLAIMED for the Unclaimed Property Division in the Payee ID field and use the same detail code noted above when creating the payable.
3.2 Select the payable(s) and print the check.
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:
Missouri State Treasurer
Unclaimed Property Division
P. O. Box 1272
Jefferson City, MO 65102-1272
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