What Are The Unclaimed Property Investigations Guidelines?

Unclaimed Property Investigations

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Before an investigator gets into contracts with probable owners, the SCO requires the following hard copy documents in order to register him/her as an investigator, ie. a list of employees, copies of photo IDs of all employees, social security number or EIN, contact numbers, and a copy of a private investigator’s license (if the applicant possesses one).

A list of staff who are permitted to contact the SCO office or the general public by written communications (letters, e-mail) or telephone. The physical address for the business, the postal address for the business, and the workers’ email addresses should all be included on the list.

The documents should be sent to: 

State Controller’s Office
Unclaimed Property Division
Attn: Investigator Unit
PO Box 942850
Sacramento, CA 94250-5873

Investigators or heir finders are prohibited from participating in contracts with probable owners of abandoned properties until (a) The SCO has had ownership of the abandoned property for at least 12 months or (b) The SCO arranges for a notice to be published in a widely circulated newspaper. Section 1582 of the Code of Civil Procedure (CCP) specifies, in part:

“…records of the State Controller’s Office pertaining to unclaimed property are not

available for public inspection or copying until after publication of notice of the property

or, if publication of notice of the property is not required, until one year after delivery of

the property to the State Controller’s Office.” 

The SCO shall, in general, cause a notice to be published according to this section toward the end of June each year, which is when the majority of holders’ abandoned property reports are due. You can get the precise date of publishing by calling the SCO office a month ahead of time. This time limit does not apply to information about deceased people’s estates.

Heir Finder/ Investigator Representation

It is important to note that Investigators and Heir finders may not pose as SCO employees or agents. In California contracts between the Heir finder/Investigator and his or her client are known as Investigator Agreements.

Please see Section 17533.6 (a) of the Business and Professions Code, which specify: 

1. It is illegal for any individual, company, or organization that is a non-governmental entity to solicit information, purchase, or payment for a product or service, or solicit a donation of cash or membership fees, by using a seal, insignia, trade, or brand name, or any other term or symbol that could be regarded or construed as representing any state or local government affiliation, approval, or endorsement in a mailing, electronic message, or Internet Web site unless the conditions of paragraphs (1) and (2) are satisfied, as follows:

1. If authorized by other provisions of law, the non-governmental entity has an express link with, or the permission or support of, a state or local government organization.
2. The solicitation satisfies both of the following criteria:
3. The solicitation contains the following notification on its face, in a large, readable font that contrasts with other text on the face by font, layout, or color: 

“THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE GOVERNMENT.”

2. The following notification appears on the front of the envelope or outside cover or wrapper in capital letters and in a visible and readable font in the case of a postal solicitation:

“THIS IS NOT A GOVERNMENT DOCUMENT.”

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     (b)  Any firm that solicits the purchase of, or payment for, a service through an unsolicited message that pledges to help the receiver in dealing with a state or local governmental agency must accomplish both of the following, except as allowed in subdivision (c):

1. State clearly on the envelope and in the mailing that the business is not a government organization and is not affiliated with the one mentioned.
2.  Include the contact information for the government agency mentioned in the mailing.

      (c) Subdivision (b) does not apply if one or more of the following conditions are met:

1. If other legal rules allow, the business has an express link with, or the permission or support of, a state or local governmental authority.
2. The beneficiary and the company have an “established business relationship,” as defined in Section 1798.83 of the Civil Code.