§ 1611.Response to Petition
Title 10. Unclaimed Property · Chapter 8. Property in Custody of Federal Officers, Agencies, and Departments · Enacted 1801 · no amendments on record · Last verified July 29, 2026
Full Text of § 1611
Plain-English Summary
This section is how an owner opts out of California's custody proceeding and preserves a federal claim instead. Anyone, named in the petition or not, can respond within 15 days after the notice described in Section 1610 is complete, filing an answer that describes the property, asserts an ownership or successor interest, and declares an intention to pursue that property from the United States under federal law.
The answer isn't free: it has to come with a $10 deposit, and no other kind of answer or response can be filed by or for a claimant. Once that answer is on file, the court strikes the described property from the petition and dismisses it from the proceeding, and the court forwards the deposited funds to the Controller for the Abandoned Property Account, covering the costs and services performed on the claimant's behalf. That dismissal doesn't permanently protect the claimant, though: if it later turns out the claimant isn't entitled to the property, the state can bring a new petition, and the interest asserted in the earlier answer can't be raised against the state again.
Frequently Asked Questions
How long does a claimant have to answer after notice is complete?
15 days after completion of the notice described in Section 1610.
What must the answer include, and is there a filing cost?
A description of the property, an assertion of an ownership or successor interest, and a declared intention to claim from the United States, accompanied by a $10 deposit with the court.
What happens to property once a claimant answers?
The court strikes it from the petition and dismisses it from the proceeding, and the deposit is transmitted to the Controller for the Abandoned Property Account.
Can the state come back later if the claimant turns out not to own the property?
Yes. The dismissal is without prejudice to a subsequent petition, and the claimant's interest can't then be asserted against the state.
Amendment History
Added by Stats. 1959, Ch. 1801.