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§ 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

In one sentenceSection 1611 gives anyone with an interest 15 days after notice is complete to answer the petition, describe the property, and declare intent to pursue it against the United States, requires a $10 deposit with the answer, and has the court dismiss claimed property from the state's proceeding without prejudice.

Full Text of § 1611

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Any person, whether or not named in the petition, may within 15 days after completion of notice respond to the petition by answer describing the property, asserting an interest as owner or successor, and declaring an intention to claim the same from the United States under the laws of the United States. Such answer shall not be filed unless accompanied by the sum of ten dollars ($10) for deposit in court, and no other answer or response shall be filed by or on behalf of a claimant. The court shall strike from the petition and dismiss from the proceeding all property described in the answer. The funds on deposit shall be transmitted by the court to the Controller and shall be received for deposit in the abandoned property account in the Unclaimed Property Fund as total reimbursement for costs and services expended on behalf of the claimant. Such dismissal shall be without prejudice to a subsequent petition should it appear that the claimant is not entitled to the property, and the interest asserted in said answer shall not thereafter be asserted against the State.

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.

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: answer to escheat petition federal propertyten dollar deposit unclaimed property claim