Code of the District of Columbia

§ 41–129. Periods of limitation.

(a) The expiration of any period of time specified by contract, statute, or court order, during which a claim for recovery of money or property can be made, or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned property, or affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the Mayor.

(b) No action or proceeding may be commenced by the Mayor to enforce any provision of this chapter in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the Mayor or gave express notice to the Mayor of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.

(Mar. 5, 1981, D.C. Law 3-160, § 129, 27 DCR 5150; May 15, 1991, D.C. Law 9-2, § 2, 38 DCR 1960; Aug. 17, 1991, D.C. Law 9-35, § 2, 38 DCR 4609; Mar. 20, 1998, D.C. Law 12-60, § 1701(p), 44 DCR 7378.)

Prior Codifications

1981 Ed., § 42-229.

Emergency Legislation

For temporary amendment of section, see § 1701(p) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 1701(p) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

Temporary Legislation

Section 1701(p) of D.C. Law 12-59 rewrote (b).

Section 2001(b) of D.C. Law 12-59 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Uniform Law: This section is based upon § 29 of the Uniform Unclaimed Property Act (1981 Act).