Minn. Stat. § 345.39

Current through Register Vol. 49, No. 8, August 19, 2024

Section 345.39 - MISCELLANEOUS PERSONAL PROPERTY HELD FOR ANOTHER PERSON

Subdivision 1.Presumed abandonment.

All intangible personal property, not otherwise covered by sections 345.31 to 345.60, including any income or increment thereon, but excluding any charges that may lawfully be withheld, that is held or owing in this state in the ordinary course of the holder's business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned. Property covered by this section includes, but is not limited to:

(a) unclaimed worker's compensation;

(b) deposits or payments for repair or purchase of goods or services;

(c) credit checks or memos, or customer overpayments;

(d) unidentified remittances, unrefunded overcharges;

(e) unpaid claims, unpaid accounts payable or unpaid commissions;

(f) unpaid mineral proceeds, royalties or vendor checks; and

(g) credit balances, accounts receivable and miscellaneous outstanding checks. This section does not include money orders. "Intangible property" does not include gift certificates, gift cards, or layaway accounts issued or maintained by any person in the business of selling tangible property or services at retail and such items shall not be subject to this section.

Subd. 2.Cooperative property.

Notwithstanding subdivision 1, any profit, distribution, or other sum held or owing by a cooperative for or to a participating patron of the cooperative is presumed abandoned only if it has remained unclaimed by the owner for more than seven years after it became payable or distributable.

Subd. 3.Unpaid compensation.

Notwithstanding subdivision 1, unpaid compensation for personal services or wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business that remain unclaimed by the owner for more than one year after becoming payable are presumed abandoned.

Minn. Stat. § 345.39

1969 c 725 s 9; 1977 c 137 s 7; 3Sp1981 c 2 art 1 s 63; 1982 c 495 s 3; 1987 c 336 s 42; 1992 c 513 art 3 s 68; 2000 c 488 art 2 s 24