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Home » Delaware

Delaware

April 5, 2013 By moneyfinderbiz 2 Comments

In Delaware, you can charge 10% or $1000, whichever is less.  That means the most you can make on a claim is $1000. 

For that reason, I suggest searching in other states, even if you live in Delaware.

 From the Delaware Code:

 When an agreement to locate property is enforceable: 

An agreement by an owner and a person, a purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the State Escheator, is enforceable only if the agreement meets all of the following criteria:

(1) It is in a record that clearly sets forth the nature of the property and the services to be provided.

(2) It is signed by or on behalf of the owner, with signature notarized.

(3) It states the amount or value of the property reasonably estimated or expected to be recovered computed, to the extent disclosure of the amount is permitted under § 1189 of this title, both before and after a fee or other compensation to be paid to the other person has been deducted.

(4) It discloses that the property is being held by the Department of Finance.

When an agreement to locate property is unenforceable:

(a) Subject to subsection (b) of this section, an agreement under § 1186 of this title is void and unenforceable if it is entered into during the period beginning on the date the property was distributable to the owner and ending 24 months after the payment or delivery.

(b) If a provision in an agreement described in subsection (a) of this section applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a portion of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void and unenforceable regardless of when the agreement is entered into.

(c) For an agreement under subsection (a) of this section, total fees and costs may not exceed $1,000 or 10% of the value of the property recovered, whichever is less.

(d) An owner or the State Escheator may assert that an agreement described in this section is invalid on a ground other than it provides for payment of unconscionable compensation.

(e) This section does not apply to an owner’s agreement with an attorney to contest the State Escheator’s denial of a claim for recovery of the property.

You can view the Delaware Unclaimed Property Code here.

Here is an example of their list:
As you can see, there are no dollar amounts associated with this list.  You have no idea if the amount owed is $50,000 or $50.

This makes it extremely difficult to work with Delaware finding unclaimed money.  We had the same issue in New York, but at least in New York there are millions of names to work with (if you so choose).

In 2009, Delaware only had 85,000 names on their list.

Now, don’t be discouraged if you happen to live in Delaware and you want to find unclaimed money.

Just pick one of the states that are good to search in (look through the state laws to get an idea) and start with that state.

As I’ve mentioned, we were in New York but we didn’t search in New York.  Instead we worked and continue to work in states that are good for finders.

There is no reason you cannot do the same thing if you are in Delaware.

 

Please click here if you would like to learn more about becoming an unclaimed money finder.

Filed Under: State Laws

Comments

  1. daisy mae says

    May 30, 2021 at 7:11 pm

    I have been do doing research on this topic and came across the phrase ” out-of state writ”. Does this phrase apply to unclaimed money finders who work out-out-of-state?

    Reply
    • moneyfinderbiz says

      June 8, 2022 at 9:25 pm

      I don’t think so, this is the first time I’m hearing it.

      Reply

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