Unclaimed Funds Instructions

     Unclaimed funds are held by the court for an individual or entity who is entitled to the money but who has not claimed ownership of it.  The United States Courts, as custodians of such funds, have established policies and procedures for holding, safeguarding, and accounting for the funds.

     Questions concerning these instructions should be directed to the Clerk's Office at (319) 286-2200.

 

I. Searching Unclaimed Funds

     To search unclaimed funds, use the Unclaimed Funds Locator at https://ucf.uscourts.gov/

     Select "IANB - Northern District of Iowa" from the court list and enter the applicable search criteria.

 

II. Filing Requirements for Payment of Unclaimed Funds

A.    Application for Payment of Unclaimed Funds

Any party who sees the payment of unclaimed funds must file an Application for Payment of Unclaimed Funds in substantial conformance with the court's standard application form and serve a copy of the application and supporting documentation on the United States Attorney for the Northern District of Iowa (address of U.S. Attorney is on application).

Click here for Application for Payment of Unclaimed Funds form. 

For purposes of this procedure, the "Applicant" is the party filing the application, and the "Claimant" is the party entitled to the unclaimed funds. The Applicant and the Claimant may be the same.

B.    Supporting Documentation

1.  Payee Information

Funds are payable to the Claimant. In conjunction with the Application for Payment of Unclaimed Funds, Claimant's tax identificaiton number (TIN) must be provided to the cout on a certification form signed by the Claimant to whom funds are being distributed.

a.   Domestic Claimant

A Claimant who is a U.S. person* must use either the AO213P (for Individuals) /  AO213 (for Corporations, Fund Locators, etc.) or W-9 certification form (accessible by searching on the Internal Revenue Service (IRS) website at https://www.irs.gov/).  If the Claimant wants payment via Electronic Funds Transfer (EFT), then the AO213P  or AO213  form must be used.

* "U.S. person" includes: an indvidual who is a U.S. citizen or U.S. resident alien; a partnership, corporation, company or association created or organized in the U.S. or under the laws of the U.S.; an estate (other than a foreign estate); or a domestice trust (as defined in 26.C.F.R. 301.7701-7). 

b.    Foreign Claimant

A foreign Claimant must use a W-8 certification form (accessible by searching on the IRS website at https://ww.irs.gov/) accompanied by the AO215  form.

If you have problem completing a form, please contact the Clerk's office at 319-286-2200.

2.    Additional Supporting Documentation

Requirements for additional supporting documentation vary depending on the type of Claimant and whether the Claimant is represented. Please read the instructions below to identify what must accompany your Application for Payment of Unclaimed Funds.

Sufficient documentation must be provided to the court to establish the Claimant's identity and entitlement to the funds. Proof of identity must be provided in unredacted form with a current address. If there are joint Claimants, then supporting documentation must be provided for both Claimants.

a.    Owner of Record

The Owner of Record is the original payee entitled to the funds appearing on the records of the court.  If the Claimant is the Owner of Record, the following additional documentation is required:

i.    Owner of Record - Individual

      (1).    Proof of identity of the Owner of Record (e.g., unredated copy of driver's license, other state-issued identiication card, or U.S. passport that includes current address); and

      (2).    A notarized signature of the Owner of Record (incorporated in application).

ii.   Owner of Record - Business or Government Entity

      (1).    Application must be signed by an authorized representative for and on behalf of the business or government entity;

      (2).    A notarized statement of the signing representation's authority; and

      (3).    Proof of identity of the signing representative (e.g., unredated copy of driver's license,other state-issued identification card, or U.S. passport that includes current address).

***  If the Owner of Record's name has changed since the funds have been deposited with the court, then proof of the name change must be provided.

b.     Successor Claimant

A successor Claimant may be entitled to the unclaimed funds as a result of assignment, purchase, merger, acquisition, succession or by other means. If the Claimant is a successor to the original Owner of Record, the following documentation is required:

i.    Successor Claimant - Individual

      (1).   Proof of identity of the successor Claimant (e.g., unredacted copy of driver's license, other state-issued identification card, or U.S. passport that includes current address);

      (2).    A notarized signature of the successor Claimant (incorporated in application); and

      (3).    Documentation sufficient to establish chain of ownership or transfer of claim from the original Owner of Record.

ii.   Successor Claimant - Business or Government Entity

      (1).    Application must be signed by an authorized representative for and on behalf of the successor entity;

      (2).    A notarized statement of the signing representative's authority;

      (3).    A notarized power of attorney signed by an authorized representative of the successor entity;

      (4).    Proof of identity of the signing representative (e.g., unredacted copy of driver's license, other state-issued identification card, or U.S. passport that includes current address); and

      (5).    Documentation sufficient to establish chain of ownership or the transfer of claim from the original Owner of Record.

iii.   Deceased Claimant's Estate

      (1).   Proof of identity of the estate representative (e.g., unredacted copy of driver's license, other state-issued identification card, or U.S. passport that includes current address);

      (2).   Certified copies of probate documents or other documents authorizing the representative to act on behalf of the decedent or decedent's estate in accordance with applicable state law (e.g., small estate affidavit); and

      (3).    Documentation sufficient to establish the deceased Claimant's identity and entitlement to the funds.

c. Claimant Representative

If the Applicant is Claimant's attorney or other representative, the following documentation is required:

i.   Proof of identity of the representative (e.g., unredacted copy of driver's license, other state-issued identification card, or U.S. passport that includes current address);

ii.   A notarized power of attorney signed by the Claimant (or Claimant's authorized representative) on whose behalf the representative is acting; and

iii.  Documenation sufficient to estabish the Claimant's identity and entitlement to the funds, as set forth above.

C. Proposed Order

Applicant must provide the court with a proposed order in substantial conformance with the court's standard Order Granting Application for Payment of Unclaimed Funds. Click here  for Proposed Order Template.

D.  Filing the Application

The application, supporting documentation including TIN Certification or W-9, and proposed order must be mailed to the court at the following address:

U.S. Bankruptcy Court

Northern District of Iowa

111 Seventh Avenue SE, #15

Cedar Rapids IA  52401

E.  Post-Filing Process

Any party objecting to the Claimant's request in the application shall, within twenty-one (21) days after service thereof, serve upon the Applicant and other appropriate parties and file with the court an objection of the application. If no objection is filed with the court within twenty-one (21) days after the filing of the application, the application and accompanying documents may be considered by the court without hearing.

If the application is deficient, the Clerk's office may contact the Applicant for additional proof of identity or entitlement of funds.