Wisconsin Statutes 177.0605 – Recovery of property by holder from administrator
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Terms Used In Wisconsin Statutes 177.0605
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) A holder that pays money to the administrator may file a claim for reimbursement from the administrator of the amount paid if any of the following applies:
(a) The holder paid the money in error.
(b) After paying the money to the administrator, the holder paid money to a person the holder reasonably believed was entitled to the money.
(2) If a claim for reimbursement under sub. (1) is made for a payment made on a negotiable instrument, including a traveler’s check, money order, or similar instrument, the holder shall submit proof that the instrument was presented and payment was made to a person the holder reasonably believed was entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner’s right to receive or recover property, whether specified by contract or court order and notwithstanding any law to the contrary.
(3) The administrator may only grant and pay a holder’s claim under sub. (1) if the money being claimed is in the administrator’s possession.
(4) If a holder is reimbursed by the administrator under sub. (1) (b), the holder may also recover from the administrator income or gain under s. 177.0607 that would have been paid to the owner if the money had been claimed from the administrator by the owner, to the extent the income or gain was paid by the holder to the owner.
(5) A holder that delivers property other than money to the administrator may file a claim for return of the property from the administrator if any of the following applies:
(a) The holder delivered the property in error.
(b) The apparent owner has claimed the property from the holder.
(6) The administrator may only grant and pay a holder’s claim under sub. (5) if the property being claimed is in the administrator’s possession.
(7) A holder that files a claim under sub. (5) shall include with the claim evidence sufficient to establish that the apparent owner claimed the property from the holder or that the holder delivered the property to the administrator in error.
(8) 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.
(9) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.
(10) Not later than 120 days after a claim is filed under sub. (1) or (5), the administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the administrator does not take action on a claim during the 120-day period, the claim is deemed denied.
(11) If a holder’s claim is denied under this section, the holder may petition for judicial review of the claim under s. 227.52, notwithstanding s. 227.52 (1), except that petitions for review shall be served and filed no later than 90 days after the decision of the administrator or no later than 180 days after the filing of the claim if the administrator has failed to act on it. If the holder establishes the claim in an action against the administrator, the hearing examiner or court may award costs and reasonable attorney fees as permitted by s. 227.483, 227.485, or 814.245.
(12) If a holder receives reimbursement under this section, or for any other reason under this chapter, and the holder is a debtor under s. 71.93 or 71.935, the administrator shall set off the reimbursement against the holder’s debts under s. 71.93 or 71.935.