Section 5
Abandoned Property
5.1 DEFINITIONS
For purposes of this Rule the following definitions will apply:
A) Intangible Personal Property” means monies, checks, drafts or other forms of property constituting readily available cash.
B) “Person” means any individual, business association, corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity whether such person is acting in his own right or in a representative capacity;
C) “Tangible Personal Property” means all other property that does not constitute “intangible personal property.”
D) “Court” means the administrative office of the court unless otherwise stated.
5.2 INTANGIBLE PERSONAL PROPERTY
Any intangible personal property deposited with the Court and not forfeited by court order shall be deemed abandoned and forfeited if the person entitled to refund does not file a written demand for refund with the court clerk within six (6) months from the date when the judge entered a written order for the intangible personal property to be returned.
5.2.1 Record of Intangible Property
The Court Director or their designee shall maintain an accurate record of such property and shall ensure the record is updated every quarter on March 15, June 15, September 15, and December 15 of each year. Such record shall state:
• Case Number
• Case Style (using initials when a minor is involved)
• Amount
• Date of court order releasing the property
5.2.2 The Court Director or their designee shall cause the quarterly record to be posted on the Tulalip Tribal Court’s website and prominently display notice and instructions on claiming the listed intangible personal property from the Court.
5.2.3 Twice a year on or around June 15 and December 15, the Court Director or their designee shall cause the record to be published in the See-Yaht-Sub newspaper with the notice, purpose, and the 180-day deadline to submit a request prominently displayed.
5.2.4 The Court shall create a request form for use, but any written request will be sufficient, provided the request includes the same information in the record.
5.2.5 Requests must include proof that the person requesting such funds is entitled to them. Requests must be submitted on or before 4:00 p.m. on the published deadline to be considered timely.
5.2.6 To ensure timely entry, the Court Clerk receiving the request must file stamp the request immediately upon receipt and return a copy of the request to the requestor.
5.3
The Chief Judge or their designee shall review the request to determine whether the request was timely submitted and whether the requestor is entitled to the property.
5.4
If more than one person makes a claim for any personal property, the Chief Judge or their designee shall conduct an ad hoc hearing to determine the person or persons entitled to the property. Any person who claims to be entitled to the property has the burden of proving legal entitlement of the property by preponderance of the evidence. If more than one person is legally entitled the property, the judge shall divide the property as equally as possible.
5.5
Requests received after the deadline established in the published announcement will be returned with a statement that the request was untimely.
5.6
If the request is approved, the Court Clerk shall process the request in the same manner as the process used to return exonerated bail, restitution, or other funds.
5.7
Intangible Personal Property not claimed by the published deadline shall be deemed immediately and permanently the property of the Tulalip Tribes, and such property shall be remitted to the Tulalip Tribes for deposit. The Chief Judge or their designee shall issue an administrative order that declares such property forfeited to the Tulalip Tribes and the Court Director shall update the record to note the date the property was declared forfeited.
5.8 TANGIBLE PERSONAL PROPERTY
The Court Director or their designee shall maintain an inventory of any tangible personal property that comes under the control of the Court. The inventory is to include the date the property arrived at the Court, its location when found, the date when found and a description of the property.
5.8.1 The Court Director or their designee shall take reasonable steps to notify the owner, if known, of the tangible property in the Court’s possession, including a letter delivered by United States Mail to persons whose name and/or address appears upon the items of personal property so found.
5.8.2 If no response is received by the Court within 90 days after the mailing of notice, then the Court Director may dispose of the property in any reasonable manner.
5.9
These Rules shall remain in effect until superseded by law or court rule.