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Virginia denied my unclaimed property claim, or never decided it. What can I do?
If Virginia's administrator denies your unclaimed property claim or fails to act, you may sue to establish the claim in the circuit court of the county or city where the property is situated. You must file within three years after the decision, or within three years from filing the claim if the administrator never acted.
Key facts
- The administrator must consider every claim and may hold a hearing and receive evidence.
- If a hearing is held, the administrator must write a finding and decision stating the evidence heard and the reasons.
- That decision is a public record.
- If a claim is allowed, the administrator must pay it as soon as practical and may deduct costs of notices, sales and other related expenses.
- You may sue to establish the claim in circuit court within three years after the decision or, if the administrator fails to act, within three years from filing the claim.
What can I do if Virginia denied my unclaimed property claim or never decided it?
Virginia law gives the administrator a clear duty: he must consider every claim filed and may hold a hearing and receive evidence. If a hearing is held, he must write a finding and decision stating the evidence heard and the reasons. That decision is a public record.
If your claim is allowed, the administrator must pay it as soon as practical. He may deduct the costs of notices, sales and other related expenses.
If you are aggrieved by the administrator's act or decision on your claim, you may sue to establish the claim in the circuit court of the county or city where the property is situated. You must file within three years after the decision or, if the administrator fails to act, within three years from filing the claim.
Virginia's unclaimed property program is run by the Virginia Department of the Treasury through its Division of Unclaimed Property.
What are the steps after Virginia denies or stalls your unclaimed property claim?
- Confirm the decision or the lack of one. If you received a denial, keep the written decision. If you never heard back, note the date you filed your claim. That date starts the three-year clock if the administrator fails to act.
- Ask for the record. If a hearing was held, request a copy of the written finding and decision. It is a public record and will state the evidence heard and the reasons.
- Decide whether to sue. You may sue to establish the claim in the circuit court of the county or city where the property is situated. You must file within three years after the decision or, if the administrator fails to act, within three years from filing the claim.
- File in the right court. The circuit court of the county or city where the property is situated is the venue named in the law. Bring your claim documents and the administrator's decision, if any.
- Keep the free search route in mind. Searching for unclaimed property is free at your own state treasury's unclaimed property program, Virginia's vaMoneySearch.gov, and MissingMoney.com. Never pay a finder a percentage to do what the state does for nothing.
What to gather before you start
Before you contact the administrator or file in court, put together a simple file. You do not need a lawyer to gather these items, and having them ready will make every step faster.
- Your original claim. Keep a copy of the claim you filed and any confirmation you received. If the administrator fails to act, the date you filed the claim is the date the three-year period runs from.
- The decision, if there is one. If you received a denial, keep the written decision. If a hearing was held, ask for the written finding and decision. It is a public record and will state the evidence heard and the reasons.
- Proof of your connection to the property. Gather documents that show why the property is yours. The administrator must consider every claim filed, so give him the evidence you have.
- Dates. Write down the date you filed the claim and the date of any decision. These dates matter for the three-year period to sue.
Keep everything in one place. If you later go to circuit court, you will need the same documents.
What goes wrong and how to avoid it
Most problems come from missing the three-year period or from not keeping a record of what was filed and when.
- Missing the deadline. If you are aggrieved by the administrator's act or decision, you may sue within three years after the decision. If the administrator fails to act, you may sue within three years from filing the claim. Do not wait for a decision that may never come. If you have not heard back, the clock may already be running from your filing date.
- Not asking for the written decision. If a hearing was held, the administrator must write a finding and decision stating the evidence heard and the reasons. That decision is a public record. Ask for it. Without it, you may not know the reasons for the denial.
- Filing in the wrong court. The law names the circuit court of the county or city where the property is situated. Check that you are filing in the right place.
- Paying a finder. Searching is free at your own state treasury's unclaimed property program, Virginia's vaMoneySearch.gov, and MissingMoney.com. Never pay a finder a percentage to do what the state does for nothing.
When is it worth paying a lawyer about a denied Virginia unclaimed property claim?
You can handle most of this yourself. The official search is free, and the law sets out a clear route: the administrator must consider every claim, and if you are aggrieved by a decision or the administrator fails to act, you may sue in circuit court within three years.
Paying a finder a percentage to search for you is not worth it. Searching is free at your own state treasury's unclaimed property program, Virginia's vaMoneySearch.gov, and MissingMoney.com. Never pay a finder a percentage to do what the state does for nothing.
A lawyer may be worth consulting if you are close to the three-year period, if the property is large, or if you are unsure which circuit court is the right one. But you do not need to pay anyone to file your claim or to ask the administrator for a written decision. The decision is a public record, and the administrator must consider every claim filed.
Frequently asked questions
How do I know if the administrator has denied my claim or just not decided it?
If you received a written decision, that is the denial. If you never heard back, the administrator has not acted. The law says if the administrator fails to act, you may sue within three years from filing the claim. Keep your filing confirmation so you know that date.
Can I ask for a hearing before the administrator?
The law says the administrator may hold a hearing and receive evidence. It does not say you can demand one. If a hearing is held, the administrator must write a finding and decision stating the evidence heard and the reasons, and that decision is a public record.
What court do I file in and what is the deadline?
You may sue to establish the claim in the circuit court of the county or city where the property is situated. You must file within three years after the decision or, if the administrator fails to act, within three years from filing the claim.
Does the administrator deduct costs from my claim if it is allowed?
Yes. If a claim is allowed, the administrator must pay it as soon as practical and may deduct the costs of notices, sales and other related expenses.
Is it worth paying a finder to search for unclaimed property in Virginia?
No. Searching is free at your own state treasury's unclaimed property program, Virginia's vaMoneySearch.gov, and MissingMoney.com. Never pay a finder a percentage to do what the state does for nothing.
Related guides
- Unclaimed property: every guide
- Online lawyer consultation vs free legal aid for a denied unclaimed property claim: which should you use?
- A finder says they will get my unclaimed money for a percentage. Should I pay?
- Is there really free unclaimed money, and where do I search in Virginia?
Sources
If someone is refusing a claim you believe you are owed, you can ask a lawyer about your options.
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