2 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.

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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.

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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.