40.0508 Notice.

Cite as [A.S.C.A. § 40.0508]

(a) The Court provides for notice of the action by directing that a notice as stated below be posted in the place specified by the Court where other notices required to be posted are customarily posted, and that the name be published once a week for 2 successive weeks in a newspaper of general circulation in the Territory. The posting and last publication must be made not less than 20 days before the date fixed for the hearing.

(b) Such notice shall be directed to the person or persons having custody or possession of such personal property, to the owners or beneficial owners of, or persons entitled to, the personal property and all other persons whatsoever claiming an interest therein. The notice must be in the form approved by the Court and shall declare substantially the following matters:

(1) the filing of the complaint in escheat;

(2) the ground of grounds of escheat specified in sections 40.0502 and 40.0503, which are applicable to the action;

(3) the names and last known addresses of the owners or beneficial owners of, or persons entitled to, such personal property;

(4) the nature and value of such personal property;

(5) the place, time and date of the hearing in the action; and

(6) a direction that at a specified time before the hearing anyone who claims an interest in the property must file with the Clerk of the Court his claim and at the time and place fixed for the hearing appear in person or by his attorney to substantiate his claim.

(c) Where the name of the owner is not known or there is no information as to the last known address of the owner, the notice must state that fact. The notice may contain such other information as the Court deems proper and which, as a practical matter under the circumstances, might result in notice to the owner.

History: 1988, PL 20-64.