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§ 1612.Application For Judgment, Findings and Declaration By Court

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 1612 requires the Attorney General, within 20 days after the answer period closes, to apply for judgment on all remaining, unclaimed property described in the petition, and has the court declare that property subject to state custody, to be delivered to and held by California until claimed.

Full Text of § 1612

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Within 20 days following expiration of time for filing answer under Section 1611, the Attorney General shall apply to the court for a judgment relating to all property set forth in the petition and not claimed by answer. The court shall find that such property appears to be or to have been owned by persons residing within this State and remains unclaimed by such persons. The court shall declare that the property, which shall be described, is subject to custody of the State and shall be delivered to and received by the State of California to be retained until such time as it may be claimed pursuant to law.

Plain-English Summary

This section closes out the custody proceeding for whatever property nobody answered to claim under Section 1611. Within 20 days after the time to file an answer expires, the Attorney General must apply to the court for judgment covering all the property the petition described that wasn't pulled out by a claimant's answer.

The court then makes the findings the case calls for: that the property appears to be, or to have been, owned by people who resided in California and that it remains unclaimed by them. Based on those findings, the court declares the described property subject to the state's custody and orders it delivered to and received by California, to be held there until someone claims it under the law that governs such claims.

Frequently Asked Questions

How soon after the answer period closes must the Attorney General apply for judgment?

Within 20 days following expiration of the time for filing an answer under Section 1611.

What findings does the court need to make?

That the property appears to be, or to have been, owned by persons residing in California and remains unclaimed by them.

What does the judgment do?

Declares the property subject to the state's custody and directs that it be delivered to and received by California, to be retained until claimed under law.

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: judgment state custody unclaimed federal propertyattorney general application for judgment escheat