3 Major Legal Difficulties of California Unclaimed Property Claims

Across the United States, unclaimed property laws vary considerably. For those looking to claim unclaimed money california, there are some important aspects of the legal process that you should know about and prepare for.

california unclaimed money


While you have the ability to file a claim for your unclaimed property in California on your own, the uniquely complex legal environment surrounding unclaimed property procedures can make this process extremely difficult for inexperienced claimants dealing with challenging circumstances.

Choice Plus, LLC has years of experience working with the unclaimed property administrators, and we can ensure that by obtaining the assistance of our experienced team, your California unclaimed property claim has the optimal chance of successful settlement. By working with us, you canincrease the probability that your claim will be settled for the full claim amount.

Legal Difficulty #1: There is no definition of the standard of evidence in the Unclaimed Property Act

This is a significant hurdle for those filing an unclaimed property claim on their own. The California state government has made it difficult for claimant to determine what the established a standard of evidence a claimant must meet and the claim examiners are required to apply to validate an unclaimed property claim.

In Florida, the evidentiary standard is a ‘preponderance of evidence,’ which means that you must prove that you’re more likely than not the owner of the property in question. In other words, the evidence that you present must prove that there is a better than 50% chance that you’re the owner.

Because California has not defined the standard of evidence in the Unclaimed Property Act a claim examiner may expect the claimant to prove their claim by a higher standard of evidence that is required.  This can lead to a denial of a claim or a claimant giving up on a claim that is legally sufficient.

unclaimed property california


Legal Difficulty #2: No deadline for determining an unclaimed property claim

The state of California Unclaimed Property Act does not create an obligation for the administrator to determine your claim within a specified timeframe. Essentially, unclaimed property determinations can drag on for an indefinite period of time.

This is another area where Choice Plus, LLC can be of help to individuals looking to claim unclaimed property. While we cannot put a deadline on the claim, we can resolve issues that may be holding the claim up to get claims settled more quickly.

Legal Difficulty #3: California will not pay a claim filed by a creditor

In 2013 the California State Controller’s Office pushed legislation through to block creditors for claiming a debtors unclaimed property assigned to the creditor through judicial process.  This legislation was in response to a landmark ruling in Weingarten Realty Investors v. Chiang, 212 Cal.App.4th 163 (2012) which determined that Code of Civil Proceedings Section 1540 gave creditors who had received a judicial assignment of a debtors unclaimed property could receive payment to unclaimed property.

In a previous article, we explained the decision made in the O’Conner case, in which the Florida Appeals Court determined that creditors can obtain ownership rights and collect unclaimed property. While this determination was made in Florida, rather than California, it is a step toward establishing creditors property rights to obtain payment of a  debtor’s unclaimed property. Choice Plus, LLC, was instrumental in achieving this court decision.  They continue to pursue tough cases to fight for claimant’s property rights.

Choice Plus, LLC has many years of experience in dealing with unclaimed property administrators and challenging cases. We have sufficient knowledge of California law and claim administration to know whether your evidence presentation is weak or strong. Furthermore, we have the resources necessary to build your case for ownership through.

Partnering with a reclamation service company, like Choice Plus, to handle your unclaimed property claims in California is a very wise choice that will exponentially increase your chances of success.

If you’re interested in working with Choice Plus, LLC to claim your unclaimed property california, don’t hesitate to contact us. Our staff would be happy to learn more about your case and answer any unclaimed property questions that you might have. Choice Plus, LLC can play a crucial role in your unclaimed property case, making the process more convenient for you and provide you with expert advice that is proven by years of experience in the field.