(a)

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Terms Used In Alabama Code 19-3-87

  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probate: Proving a will
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) If at any time it appears to the court, or is made known to the court, that any balance has been in the hands of any officer for a period of five years and the same remains unclaimed, the court may make an order directing the same to be paid into the county treasury, and a separate account shall be kept of all the payments identifying each transaction.
(b) Any person entitled to recover all or part of any unclaimed amount paid into the county treasury may recover the amount, without interest, before the date that is 10 years after the payment was made into the treasury by obtaining an order from the court that had ordered the payment into the treasury. The order may be made by the court on summary motion against the probate judge of the county after five days’ written notice unless the court continues the hearing to a further time for sufficient reasons.
(c)

(1) Subject to subdivision (2), with respect to any unclaimed amount currently held in the county treasury or paid into the county treasury on or following the effective date of this act, which remain in the county treasury on the date that is 10 years after the date it was paid into the county treasury, the following shall occur:

a. Any person’s right, title, or interest in or to all unclaimed funds shall be forfeited.
b. All right, title, and interest in or to the unclaimed funds shall be vested in the county treasury to be set aside solely for the maintenance, repair, and construction of roads and bridges located within the county.
(2) Before any unclaimed funds may be forfeited under subdivision (1), the county shall provide notice of the intended forfeiture, including, at a minimum, a description of the funds, the date the forfeiture is scheduled to occur, and a description of how a person entitled to recover all or part of the unclaimed funds may make a claim. Notice shall be published on the Alabama Press Association’s website or other website used by the county for a minimum of 90 days before the date of forfeiture and in addition, in a newspaper of general circulation in the county, if one exists, at least once a week for four consecutive weeks before the date of forfeiture.
(d) The provisions of this section shall not apply to the following:

(1) Unclaimed funds held by municipal courts.
(2) Unclaimed restitution payments under Section 15-18-115.
(3) Interest on unclaimed funds.
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