LISA O'CONNOR, APPELLANT,
v.
NABEEL ZANE, APPELLEE
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In a post-dissolution dispute, Ms. O'Connor sought a declaration that she was entitled to unclaimed property held by the state on behalf of her ex-husband to satisfy a judgment for unpaid marital obligations. The court affirmed the dismissal, holding that Ms. O'Connor must first exhaust the administrative remedy of filing a claim with the Department of Financial Services before seeking judicial relief.
A judgment creditor must exhaust administrative remedies by filing a claim under section 717.124 with the Department of Financial Services before seeking judicial relief. While the statutes do not authorize the department to determine the priority of competing claims, the department must determine whether it possesses unclaimed property belonging to the judgment debtor and state the amount if it is cash. The judgment creditor may then obtain legal process or pursue judicial remedies to execute the judgment against the property.
[1] A party seeking to recover unclaimed property held by the state must first exhaust the administrative claims process provided by statute.
[2] Statutes governing unclaimed property do not authorize the state department to determine the priority of claims asserted by judgment creditors.
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Join FLexlaw to unlock all legal intelligence“The statutes dealing with disposition of unclaimed property in Chapter 717, Florida Statutes, do not authorize the department to determine the priority of claims that could be asserted by judgment creditors against unclaimed property in its possession.”
Establishes the limited scope of the department's authority regarding unclaimed property claims
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Join FLexlaw to unlock all legal intelligenceA circuit court dissolved the marriage and ordered Mr. Zane to pay Ms. O'Connor child support and other marital obligations. Mr. Zane failed to fully …
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The circuit court entered a final judgment dissolving the marriage between Na-beel Zane and Lisa O’Connor and ordered Mr. Zane to pay Ms. O’Connor various amounts of money for child support and other marital obligations. Mr. Zane did not fully satisfy this obligation and subsequently, Ms. O’Connor sought and obtained a civil judgment against him for the money he owed her. The money judgment was recorded in 2003.
In February, 2011, Ms. O’Connor filed a motion in the dissolution case asking for a declaration that she is entitled to approximately $32,430.79 belonging to Mr. Zane now held by the Bureau of Unclaimed Property, Department of Financial Services. The department intervened, arguing, among other things, that it had exclusive jurisdiction to determine entitlement to any unclaimed property in its custody, and that the claims process provided Ms. *106O’Connor with a clear, adequate, and readily available administrative remedy for her claim, which she had failed to exhaust. The circuit court dismissed the motion, finding that Ms. O’Connor had failed to exhaust her administrative remedy of filing a claim with the department to recover the funds. We affirm.
The statutes dealing with disposition of unclaimed property in Chapter 717, Florida Statutes, do not authorize the department to determine the priority of claims that could be asserted by judgment creditors against unclaimed property in its possession. See Martin Young Private Investigative Agency, Inc. v. Department of Banking and Finance, 659 So.2d 410 (Fla. 1st DCA 1995). However, a judgment creditor does have standing to assert a claim against unclaimed property in the hands of the state in order to obtain a determination that the property does in fact belong to the judgment debtor.
Accordingly, if Ms. O’Connor files a claim under section 717.124, the department must determine whether it is in possession of unclaimed property belonging to Mr. Zane, and if the property consists of cash, it must state the amount. Ms. O’Connor may then obtain legal process or pursue judicial remedies, if necessary, to execute her judgment against the property.
Affirmed.
PADOVANO, LEWIS, and CLARK, JJ., concur.
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Cited By (11 total)
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The Honorable Jeffrey H. Atwater Chief Fin. Officer & State of Fla. Dep't of Fin. Servs. v. Citibank, 96 So. 3d 1010 (Fla. 3d DCA 2012)…19, Florida Statutes (2011). The trial court is without jurisdiction to compel the Department to disburse funds without the Department first having determined the entitlement of the claimant to the funds held by the Department. See O’Connor v. Zane, 79 So. 3d 105 (Fla. 1st DCA 2012) (holding that petitioner failed [*1012] to exhaust administrative remedies by first filing claim for unclaimed property with Department of Financial Services to obtain a determination of entitlement to the unclaimed funds prior t…
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The Honorable Jeffrey H. Atwater Chief Fin. Officer & State of Fla. Dep't of Fin. Servs. v. Citibank Fed. Sav. Bank, 96 So. 3d 1000 (Fla. 3d DCA 2012)…19, Florida Statutes (2011). The trial court is without jurisdiction to compel the Department to disburse funds without the Department first having determined the entitlement of the claimant to the funds held by the Department. See O’Connor v. Zane, 79 So. 3d 105 (Fla. 1st DCA 2012) (holding that petitioner failed to exhaust administrative remedies by first filing claim for unclaimed property with Department of Financial Services to obtain a determination of entitlement to the unclaimed funds prior to pursui…
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The Honorable Jeffrey H. Atwater Chief Fin. Officer & State of Fla. Dep't of Fin. Servs. v. Mateline Bruneau, 96 So. 3d 1014 (Fla. 3d DCA 2012)…19, Florida Statutes (2011). The trial court is without jurisdiction to compel the Department to disburse funds without the Department first having determined the entitlement of the claimant to the funds held by the Department. See O’Connor v. Zane, 79 So. 3d 105 (Fla. 1st DCA 2012) (holding that petitioner failed to exhaust administrative remedies by first filing claim for unclaimed property with Department of Financial Services to obtain a determination of entitlement to the unclaimed funds prior to pursui…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin Young Private Investigative Agency, Inc. v. Dep't OF Banking & Fin., 659 So. 2d 410 (Fla. 1st DCA 1995)