North Dakota Code 47-30.2-34 – (605) Recovery of property by holder from administrator
1. A holder that under this chapter pays money to the administrator may file a claim for reimbursement from the administrator of the amount paid if the holder:
Terms Used In North Dakota Code 47-30.2-34
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
a. Paid the money in error; or
b. After paying the money to the administrator, paid money to a person the holder reasonably believed was entitled to the money.
2. A holder that under this chapter delivers property other than money to the administrator may file a claim for return of the property from the administrator if:
a. The holder delivered the property in error; or
b. The apparent owner has claimed the property from the holder.
3. If a claim for return of property under subsection 2 is made, the holder shall include with the claim evidence sufficient to establish that:
a. The apparent owner has claimed the property from the holder and that the property was delivered to the apparent owner in full; or
b. The property was delivered by the holder to the administrator in error.
4. The administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.
5. A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.
6. Not later than ninety days after a claim is filed under subsection 1 or 2, the administrator shall allow or deny the claim and give the claimant notice of the decision in a record.