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Unclaimed Funds

WHAT ARE UNCLAIMED FUNDS?

Unclaimed funds are held by the court for an individual or entity who is entitled to the money, but who has failed to claim ownership of it.  

SEARCH UNCLAIMED FUNDS:

Creditors can now search online for unclaimed funds using the U.S. Courts Unclaimed Funds Locator

To search, click on the link to the U.S. Courts Unclaimed Funds Locator above, select MNB-Minnesota from the dropdown list, and enter the applicable search criteria.  

REQUIREMENTS FOR FILING AN APPLICATION FOR PAYMENT OF UNCLAIMED FUNDS:

A.  Application for Payment of Unclaimed Funds

Any party who seeks payment of unclaimed funds must file an Application for Payment of Unclaimed Funds (Form B 1340 as modified for use in the District of Minnesota) with the appropriate divisional office of the clerk and must serve the Application on the United States Attorney for the District of Minnesota.

For purposes of this procedure, the "applicant" is the party filing the application, and the "claimant" is the party entitled to the unclaimed funds.  The applicant and claimant may be the same.

B.  Payee Tax Identification Information

If the Application for Payment of Unclaimed Funds is granted, payment will be made to the claimant.  Therefore, the claimant's tax identification number (TIN) must be provided on the appropriate certification form signed by the claimant and submitted with the Application:  

1.  Domestic Claimant

A claimant who is a U.S. citizen or resident must use either the AO 213 or W-9 (Request for taxpayer identification number and certification) form. 

A claimant who wishes to receive payment via electronic funds transfer (EFT) must use the AO 213 form.  

2.  Foreign Claimant

A foreign claimant must use a W-8 (Certificate of foreign status of beneficial owner for United States tax withholding and reporting (individuals)) form accompanied by an AO 215 form. 

3.  Funds Locators

If the Application is filed by a funds locator and is granted, payment will be made jointly to the claimant and the funds locator if authorized by a power of attorney.  Therefore, the appropriate tax identification form must be submitted with the Application.

C.  Additional Supporting Documentation

The Application for Payment of Unclaimed Funds and appropriate tax identification form(s) must be accompanied by sufficient supporting documentation to establish the claimant's identity and entitlement to the funds. 

The supporting documentation required will vary depending on the type of claimant and whether the claimant is represented by an attorney.

Proof of identity must be provided in unredacted form and must include a current address.  In the case of multiple claimants, supporting documentation must be provided for each claimant.  

1.   Owner of Record

The owner of record is the original payee entitled to the funds appearing on the records of the court.  If the claimant is the owner of record, the following additional documentation is required:

      Owner of Record - Individual

  • Proof of identity of the owner of record (e.g., an unredacted copy of the owner of record's current driver's license, U.S. passport, or other government-issued identification); 
  • A notarized signature of the owner of record (included on the Application form); and
  • If the name of the owner of record has changed since the funds were deposited with the court, proof of the owner of record's name change. 

      Owner of Record - Business or Government Entity

  • Application for Payment of Unclaimed Funds signed by an authorized representative of the business or government entity;
  • A notarized statement of the signing representative's authority; and
  • Proof of identity of the signing representative (e.g., an unredacted copy of the representative's current driver's license, U.S. passport, or other government-issued identification).

2.   Successor Claimant

A successor claimant may be entitled to unclaimed funds as a result of assignment, purchase, merger, acquisition, succession or by other means.  If the claimant is a successor to the original owner of record, the following additional documentation is required: 

      Successor Claimant - Individual

  • Proof of identity of the successor claimant (e.g., unredacted copy of the successor claimant's current driver's license, U.S. passport, or other government-issued identification); 
  • A notarized signature of the successor claimant (included on the Application form); and
  • Documentation sufficient to establish chain of ownership or transfer of the claim from the original owner of record.  

      Successor Claimant - Business or Government Entity

  • Application for Payment of Unclaimed Funds signed by an authorized representative of the successor entity;
  • A notarized statement of the signing representative's authority; 
  • A notarized power of attorney signed by an authorized representative of the successor entity;
  • Proof of identity of the signing representative (e.g., an unredacted copy of the representative's current driver's license, U.S. passport, or other government-issued identification); and
  • Documentation sufficient to establish chain of ownership or transfer of the claim from the original owner of record.  

      Deceased Claimant's Estate

  • Proof of identity of the estate representative (e.g., an unredacted copy of the representative's current driver's license, U.S. passport, or other government-issued identification);
  • Certified copies of probate or other documents authorizing the representative to act on behalf of the decedent or the decedent's etsate in accordance with applicable state law; and 
  • Documentation sufficient to establish the deceased claimant's identity and entitlement to the funds.

3.   Claimant Representative

If the applicant is the claimant's attorney or other representative, the following additional documentation is required:

  • Proof of identity of the representative (e.g., an unredacted copy of the representative's current driver's license, U.S. passport, or other government-issued identification); 
  • A notarized power of attorney signed by the claimant (or the claimant's authorized representative) on whose behalf the representative is acting; and
  • Documentation sufficient to establish the claimant's identity and entitlement to the funds.