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Clerk Handbooks
Municipal Clerk Manual – Courts without JIS



Section/Rule:
4.4

Subject:
Chapter 4 - Financial Procedures
Publication / Adopted Date:
February 1992

Topic:
Unclaimed Funds
Revised / Effective Date:
October 2015
Municipal Clerk Handbook
Courts without 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: October 2015


INTRODUCTION

This section 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 Missouri State Treasurer's Office - Unclaimed Property. 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. 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:
CLAIMING PREVIOUSLY REMITTED UNCLAIMED FUNDS

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

CLERK'S DUTIES/PROCEDURES

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

2. Make docket entries indicating the date(s) of any attempt to notify the party..

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. Complete the Unclaimed Property Report form.

5. A check made out to the Missouri State Treasurer for the unclaimed funds and the Unclaimed Property Report should be mailed to:

6. Make a docket entry indicating the date and amount of unclaimed property remitted to the state.

Forms
Unclaimed Property Report