38 Miss. Code. R. 4-4.3 - Payment of Claims

A. Disbursement of Monies. Payment vouchers for claim payments shall be made in the name of, and mailed to, the claimant determined to have a valid ownership interest in the claimed property in accordance with the provisions of the Act.

B. Disbursement of Securities. In the case of securities, claim approval shall result in a letter being sent to a third-party agent, instructing the agent to transfer the securities from the unclaimed property custodial account to an account registered in the name of and specified by the claimant.

C. If evidence is brought to light that causes the Treasurer to determine that property was improperly released to a claimant, the Treasurer shall suspend such payment, if possible. If payment cannot be suspended, the Treasurer shall issue a demand notice to the claimant. The demand notice may include, but not be limited to, the following:

1. The facts and circumstances supporting Treasurer's conclusion that the property was improperly released;

2. The amount of property that was improperly released;

3. A request for refund of the property that was improperly released;

4. Notification that the refund is due upon receipt of the demand notice; and

5. Notification that the Treasurer may pursue collection through appropriate court action.

D. Disputes between Apparent Owners. When one claimant has been paid the full amount of unclaimed property held by the Division, there is no requirement that the Treasurer subsequently pay additional claimants for the property unless the additional claimants provide evidence to the Treasurer that the original claimant was not entitled to part or all of the distributed property in accordance with the provisions of the Act. In such case, the Treasurer shall suspend payment, if possible, to the initial payee until the conflicting claims are resolved. The Treasurer will notify the initial payee that:

1. Another claimant has filed for a portion or all of the property and appears to be a valid owner;

2. He or she is requested to refund the property received from the Division;

3. The Treasurer may pursue collection through appropriate court action.

4. He or she has the right to present evidence to the Treasurer if he or she has a prior claim and a more fully documented proof of ownership;

5. The Treasurer may require a hearing before a hearing officer, designated by the Treasurer, to determine or verify ownership;

6. If it is determined that the second claimant is a valid owner, the all or part of the property will be distributed to the second claimant.

Notes

38 Miss. Code. R. 4-4.3

Miss. Code Ann. Section 89-12-49

Adopted 1/1/2015