RulesofCivilProcedure.com Civil Procedure · Every State

§ 1522.Charge Or Fee Imposed Because of Inactive Or Unclaimed Status

Title 10. Unclaimed Property · Chapter 7. Unclaimed Property Law · Article 2. Escheat of Unclaimed Personal Property · Last amended 1981 · Last verified July 29, 2026

In one sentenceSection 1522 bars a holder from deducting any charge or fee tied to a property's inactive or unclaimed status unless this chapter specifically permits it, and even where a fee is permitted, forbids charging it if the holder would not have imposed that same fee had the owner claimed the property before it was reported to the Controller.

Full Text of § 1522

Text size

No service, handling, maintenance or other charge or fee of any kind which is imposed because of the inactive or unclaimed status contemplated by this chapter, may be deducted or withheld from any property subject to escheat under this chapter, unless specifically permitted by this chapter.
Even when specifically permitted by this chapter, such charges or fees may not be excluded, withheld or deducted from property subject to this chapter if, under its policy or procedure, the holder would not have excluded, withheld or deducted such charges or fees in the event the property had been claimed by the owner prior to being reported or remitted to the Controller.

Plain-English Summary

Some of the sections in this chapter allow a limited, capped service charge for sending an escheat-warning notice, and Section 1522 makes sure that narrow permission does not turn into a broader excuse to nickel-and-dime dormant property. No service, handling, maintenance, or other charge of any kind that is imposed because of the inactive or unclaimed status this chapter addresses may be deducted or withheld from property subject to escheat, unless this chapter specifically permits it.

The section then closes an obvious loophole. Even where a charge is specifically permitted, a holder cannot impose it if, under its own ordinary policy or procedure, it would not have charged the same fee had the owner claimed the property before it was ever reported or remitted to the Controller. In other words, a holder cannot invent or resurrect a fee that only applies because the property happens to be escheating; the fee has to be one the holder would have charged anyway, regardless of whether the state ever got involved.

Frequently Asked Questions

Can a bank charge a special fee just because an account is about to escheat?

No, not unless this chapter specifically authorizes that particular charge, such as the limited notice-related service charges allowed elsewhere in this article.

What if a charge is technically permitted by this chapter?

Section 1522 still forbids it if the holder would not have imposed that same charge on the owner had the owner claimed the property before it was reported to the Controller.

Why does this section matter given the notice fees this chapter allows elsewhere?

It keeps those narrow, specifically authorized notice fees from being used as cover for broader, made-up inactivity charges that would not otherwise apply.

Amendment History

Amended by Stats. 1981, Ch. 831, Sec. 3.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: no inactivity fee unclaimed property californiaprohibited dormancy charges bank account