California Code of Civil Procedure

§ 1540

CCP § 1540 Effective Jan 1, 2021Title 10 · Part 3 · Ch. 7 · Art. 4

Statute text

(a)Any person, excluding another state, who claims to have been the owner, as defined in subdivision (d), of property paid or delivered to the Controller under this chapter may file a claim to the property or to the net proceeds from its sale. The claim shall be on a form prescribed by the Controller and shall be verified by the claimant.

(b)The Controller shall consider each claim within 180 days after it is filed to determine if the claimant is the owner, as defined in subdivision (d), and may hold a hearing and receive evidence. The Controller shall give written notice to the claimant if the Controller denies the claim in whole or in part. The notice may be given by mailing it to the address, if any, stated in the claim as the address to which notices are to be sent. If no address is stated in the claim, the notice may be mailed to the address, if any, of the claimant as stated in the claim. A notice of denial need not be given if the claim fails to state either an address to which notices are to be sent or an address of the claimant.

(c)Interest shall not be payable on any claim paid under this chapter.

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Legislative history

Amended by Stats. 2020, Ch. 36, Sec. 26. (AB 3364) Effective January 1, 2021.