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Code · Nebraska · Chapter 69 — Personal Property

69-1315. Limitation of action; claim; effect; tolling period.

276 words·~1 min read·/ne/chapter-69/69-1315

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The expiration of any period of time specified by contract, statute, or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall not prevent the money or property from being presumed abandoned property, nor affect any duty to file a report required by the Uniform Disposition of Unclaimed Property Act or to pay or deliver abandoned property to the State Treasurer. Holders shall not be required to report or to pay or to deliver abandoned property or unclaimed funds as to which the statute of limitations applicable to the enforcement of any claim to such property shall have expired prior to December 25, 1969.
(b)Except as provided in subsection
(c)of this section, no action or proceeding may be commenced by the State Treasurer with respect to any duty of a holder under the act more than seven years after the holder files a report for the period in which the duty arose. This subsection shall not apply to holders described in section 69-1307.01 .
(c)The period of limitation established under subsection
(b)of this section is tolled by the delivery of a notice by the State Treasurer that a holder is subject to an examination under section 69-1322 or the written election by the holder to enter into a voluntary disclosure agreement, whichever occurs first. The tolling period shall end upon completion of the examination under section 69-1322 , the filing of any report required pursuant to such voluntary disclosure agreement, or the termination of such voluntary disclosure agreement by the State Treasurer, whichever occurs first.
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