Code of Massachusetts Regulations
960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL
Title 960 CMR 5.00 - Unpaid Check Fund
Section 5.04 - Initiation of Claims
Current through Register 1518, March 29, 2024
Upon receipt of a request regarding a possible unpaid check in the UPCF, an individual in the Division ("the Reviewer"), from a reporting unit other than the Reconciliation Unit, will search the UPCF database to determine if any checks there in may be the property of the party on whose behalf the request is made.
Upon discovery of any such checks in the UPCF, the Reviewer will issue a claim form. Claim forms shall only be issued to persons identified by Division staff as having a valid interest in the unpaid check. A person shall be considered to have an interest in the unpaid check if he or she satisfies any of the following conditions :
(1) the original owner or an officer of a corporation or business which is an original owner;
(2) a person with a court appointment, such as an administrator/administratrix or an executor/executrix;
(3) a person duly appointed as the power of attorney for the original owner;
(4) a guardian, trustee, conservator, or other court-appointed legal representative; or
(5) a person who has petitioned a court of proper jurisdiction for appointment as the legal representative of the original owner.
Prior to the issuance of a claim form to a claimant, an employee of the Division must verify the original owner's address and Social Security Number or Taxpayer Identification Number (TIN).
The Division will not issue a claim form prior to the receipt of the SocialSecurity/TIN and current mailing address of the individual or entity claiming the unpaid check.
In the case of a person claiming property on behalf of an estate, that person must provide the Division with the TIN of the estate or his or her own Social Security Number, as well as the Social Security Number of the deceased.
A claim form may be sent to anindividualactingas a power of attorney only after the Division has verified from the owner that the claimant is actually acting on behalf of the owner.
