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Florida Statutes 717.104 - Traveler’s checks and money orders

Florida Statutes > Title XL > Chapter 717 > § 717.104 - Traveler’s checks and money orders


Current as of: 2011

   (1) Subject to subsection (4), any sum payable on a traveler’s check that has been outstanding for more than 15 years after its issuance is presumed unclaimed unless the owner, within 15 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the issuer.

   (2) Subject to subsection (4), any sum payable on a money order or similar written instrument, other than a third party bank check, that has been outstanding for more than 7 years after its issuance is presumed unclaimed unless the owner, within 7 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the issuer.

   (3) No holder may deduct from the amount of any traveler’s check or money order any charges imposed by reason of the failure to present those instruments for payment unless there is a valid and enforceable written contract between the issuer and the owner of the property pursuant to which the issuer may impose those charges and the issuer regularly imposes those charges and does not regularly reverse or otherwise cancel those charges with respect to the property.

   (4) No sum payable on a traveler’s check, money order, or similar written instrument, other than a third party bank check, described in subsections (1) and (2) may be subjected to the custody of this state as unclaimed property unless:

   (a) The records of the issuer show that the traveler’s check, money order, or similar written instrument was purchased in this state;

   (b) The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the traveler’s check, money order, or similar written instrument was purchased; or

   (c) The issuer has its principal place of business in this state; the records of the issuer show the state in which the traveler’s check, money order, or similar written instrument was purchased; and the laws of the state of purchase do not provide for the escheat or custodial taking of the property, or its escheat or unclaimed property law is not applicable to the property.

   (5) Notwithstanding any other provision of this chapter, subsection (4) applies to sums payable on traveler’s checks, money orders, and similar written instruments presumed unclaimed on or after February 1, 1965, except to the extent that those sums have been paid over to a state prior to January 1, 1974.

s. 5, ch. 87-105; s. 5, ch. 2001-36.

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Questions & Answers: Escheat Generally

So... the clear written contract needs to be physically signed or tangibly noted as agreed upon by both parties? Or is simply purchasing a MO from the company an agreement to all c...
Ms. Q, Simply making the purchase would not have obligated you to contract terms that were not provided to you at the time. In most cases, when a money order is purchased, the purc...
What is the time limit on property unclaimed? For instance, a customer of mine wanted me to fix their laptop, but after telling her how much the cost would be, she told me she had ...
All these ans seem to apply to money or gift certificates of money. I guess no one seems to know about tangilble proprety left for 14 years-a few monts or a half a year. I needed ...
Where to get a "Summons and Complaint" for South Dakota Circuit Court...
Comments (3)add comment
Ms. Q: ...
So... the clear written contract needs to be physically signed or tangibly noted as agreed upon by both parties? Or is simply purchasing a MO from the company an agreement to all contractual terms? I recently deposited two money orders from 2008 into my account via ATM, and now, after visiting the issuing company's website and reading their policy of issuing a monthly service charge for every month past the issuing date, I am terribly concerned about the money orders "bouncing" and the associated repercussions.
1

December 21, 2011
Steven Daily: ... http://www.lawserver.com
Ms. Q,
Simply making the purchase would not have obligated you to contract terms that were not provided to you at the time. In most cases, when a money order is purchased, the purchaser must sign some terms of the sale. You might have lost your paperwork, but if you go to the same source and request the money order form(s) you might see contract terms in those documents. I hope this helps. Thanks for your post.
2

December 22, 2011
Christine: ...
What is the time limit on property unclaimed? For instance, a customer of mine wanted me to fix their laptop, but after telling her how much the cost would be, she told me she had to decide if she just wanted to buy a new one or just pay the money to have it fixed. After about 6 or 7 phone calls, she has not returned any of my calls, nor has she called me to pick up her property. It has now been weeks and it's just sitting on my counter. I have another customer same situation and I've had HIS laptop for half a year! Although I am unsure of why they don't want to pick up their computers, how long do I need to hold onto their property? Is there a notice I have to send them?
3

September 09, 2012

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