The Homeless Law Blog

The Homeless Law Blog is intended to be a research guide for homeless people trying to learn about their legal rights and liabilities. It presents typical legal questions that arise in homeless life and then provides general information by introducing likely areas of law to investigate, showing search terms, and giving leads to primary law sources. The content of this blog is not tailored to anybody’s particular situation and should not be considered legal advice. Click on any of the categories on the right column of this screen to browse through a homeless law subject.

The administrator of this site is Linda Tashbook, Esq., an attorney licensed to practice in Pennsylvania and professional law librarian. She obtained her Juris Doctorate and Masters Degree in Library Science from the University of Pittsburgh.Her private law practice emphasizes legal aid for the homeless. She is the author of Family Guide to Mental Illness and the Law: A Practical Handbook (Oxford University Press, 2019). Prior to becoming a lawyer, Ms. Tashbook coordinated public library outreach to families in public housing and homeless shelters, served on the Allegheny County Runaway and Homeless Youth Task Force as well as the Allegheny County Homeless Education Network, and volunteered with various programs benefiting and involving homeless families.

In the comments sections following each question in this blog, please write about your relevant legal experiences with homeless life and please add links to resources that would be helpful to other readers who are interested in homeless people’s legal issues.

Advertisements

What if I can’t pay my tickets or fees and fines from criminal court?

We know that homeless people get charged with a lot of small crimes. Examples include loitering, panhandling, obstructing the sidewalk, trespassing, and littering. Very often, the penalty for these minor crimes is a fine—either a ticket or a fine imposed in court. The fine is supposed to be paid by a deadline.

If you don’t have the money to pay that fine and you miss the deadline, you can be charged with an additional crime which is usually called something like “failure to pay” or “contempt” in the local crimes code. This second charge might result in an additional fine or another kind of penalty such as community service or even jail time.

If the court system is able to communicate with you by phone or mail, which is not always possible when people do not have a permanent home, the payment office may contact you if you have had difficulty paying your fine. In that communication, they will likely tell you if it is possible to arrange a payment plan or an alternative to payment (such as attending a class or doing community service) if you cannot afford to pay. Being poor does not relieve you of criminal punishment; it just gives you an excuse for not paying the full fine by the original deadline. So if the court system tries to make arrangements with you, you are supposed to cooperate in forming a plan and fulfill your part of the arrangement. You may need to fill out forms or appear in-person for a conversation about your ability to pay.

You can ask for a payment plan or payment alternative as soon as your fine is assessed; you do not have to wait until they add a charge of non-payment and send you a second ticket. If you don’t give the court a way to contact you and you don’t reach out to the court before they come looking for you, these criminal charges will just stay on file until the next time you have an encounter with the police.

As these various charges and your lack of cooperation with the system mount up, so do the penalties that they can use against you. At some point, a police stop that might otherwise be uneventful will become a big deal because the officers will look you up and see that you have unresolved charges. They may take you to jail because of your outstanding charges.

 In March of 2016, the Department of Justice (DOJ) issued a letter to state and local criminal courts regarding unpaid fines. The DOJ urged the court systems to confirm whether someone is financially able to pay a fine before punishing him for not paying it. It also called on the court systems to honor Constitutional due process rights. The letter spells out specific ways to honor due process: giving people notice before punishing them, giving them alternatives to payment, and not suspending their license or requiring expensive bond as the only ways of avoiding jail.

If your court system is not acknowledging your inability to pay criminal fines, your ACLU or the public defender’s office might take action on your behalf.

The ACLU published a report in 2010 about how people suffer increasing punishments after not being able to afford their court fines Subsequent to that report, state ACLU offices have produced helpful information tools for the public. Here are examples: Pennsylvania –  Washington–  ColoradoOhio .   Find your local ACLU affiliate to get instructions and other support if you cannot afford to pay a ticket or costs or fees assigned by a criminal court.

The National Association for Public Defense (NAPD) has a committee dedicated to the topic of Fines and Fees. http://www.publicdefenders.us/finesandfees Members of this committee have testified to the U.S. Civil Rights Commission about the terrible consequences that happen to people who do not have enough money to pay their criminal court fines. The Fines and Fees Committee welcomes input and offers resources to local public defenders. If you have a public defender who needs back-up to protect you from being jailed for not paying court fines, put that lawyer in touch with this group. You might like the NAPD’s Statement on Predatory Collection Practices. http://www.publicdefenders.us/files/NAPD_Statement_on_Predatory_Collection_Practices.pdf

Can shelters require you to take a drug test?

Privately operated shelters are generally allowed to limit their populations in ways that might surprise you: They can allow people of just one gender to stay there. They can exclude children. They can exclude drug users. If the shelter is committed to keeping out drug users, then it has to be fair and legitimate in figuring out who is using drugs. The most reliable way to be sure that the shelter does not have any drug users is to conduct scientific testing.

If a shelter is testing for drug use just to prevent drug crimes from happening then, depending on whether and how it is connected with the government, it may be violating the Constitution’s Fourth Amendment which requires that investigators (or drug testers) have both 1. probable cause to believe that a particular person has committed a certain crime and 2. a warrant issued by a judge in order to search for evidence connected with the crime. http://law.justia.com/constitution/us/amendment-04/07-probable-cause.html  To simply guess that a person coming into a homeless shelter might be drug user would not, without other proof, justify a drug test.

If the shelter is targeting certain individuals or groups for drug testing, then those individuals or groups may have a legal claim of discrimination.

Even if the shelter is testing everyone or else is doing random drug testing that doesn’t target individuals or groups, the drug tests might be seen as invasions of privacy. The ACLU takes a strong stand on this and has won court cases by proving that the entities testing for drug use did not have reasons that outweighed people’s right to have the chemical content of their urine kept private. http://www.aclu.org/criminal-law-reform/drug-testing Contact your local ACLU office if you want them to consider suing a shelter for its drug testing practices. http://www.aclu.org/affiliates

In most states, if there is any drug testing law at all, it is about when and how employers can test workers for drug use. You can peruse those state laws via Nolo Press at http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter5-3.html Even though employers and shelters have separate specific reasons for conducting drug tests, the reasons are probably connected with safety in both settings. So, if you have to argue against a drug testing policy you might want to first see whether you have a state law and then compare the shelter’s policy with it to see if the policy looks like it complies with the law. If you don’t think it does, contact Project H.E.L.P. http://homelesslegalprotection.com/h-e-l-p-locations/ or the National Law Center on Homelessness and Poverty http://www.nlchp.org/contact_us.cfm or your local legal aid office. http://www.lsc.gov

How can a squatter get the actual title to the property?

The earlier post about squatter’s rights identifies the behavior that can give a squatter rights to property.  But the legal right to property is only complete when the title is transferred. Usually, a title is transferred when a seller conveys property to a buyer.

A squatter attempting to get title is not buying from the seller; he or she is trying to get property for which no seller seems to exist.  The process for obtaining the title without having the last owner sell it to the buyer is called an “action to quiet title.”  Generally, there are three big steps involved in quieting a title:

  1. Searching for anyone who has a claim to all or part of the property, even if the claim is just a right to use the property for some purpose and not to own it.  For example, there might be a neighbor who has an easement that allows him to drive his truck through the property every morning.  This search is a big expensive investigation.  Most state laws about quieting title will require claimants to prove that they have thoroughly hunted in public records (vital and property)  and placed multiple ads in various newspapers as ways of searching for the current property owner.
  2. Filing documents in the appropriate court.  In this step, you have to write and submit assorted documents according to all of the rules required in your jurisdiction.  You might be able to find a sample of someone else’s action to quiet title by contacting or going to the court clerk’s office and paying for copies of the documents in that case.  If the clerk’s office will not provide you with a full case file, they might at least give or direct you to a list of things that you have to include in your court filing.  You can also look for sample forms in Justia.   Here is an example from the Philadelphia, Pennsylvania section in Justia Forms: “Fraudulent Conveyance- Quiet Title Packet.”  If you cannot find online forms for your county, you will need to go to a law library and find a book of standard real estate forms.  Any form from a book must be re-designed to match the requirements in your county court’s document rules. Here are the quiet title instructions for Kansas.  Here are the Colorado quiet title instructions. Here is North Dakota’s quiet title law. Here is an example of a Complaint to Quiet Title in Florida. Here is an example of a Complaint to Quiet Title in California.
  3. Making your claim.  When you write the court documents in an action to quiet title, you will have to tell about and show the proof that you satisfied all of your state’s requirements for adverse possession and that you also satisfied your state and county requirements for taking action to quiet title.  This is a detailed descriptive writing project, not merely the simple work of completing a form.  If your documents are accepted by the court, you will be assigned a date to appear in court.  In court, you will have to answer questions that the judge asks you.   If the current property owner does not come to court that day, you might have to do an additional procedure asking the judge to give you a “default judgment.”  If the judge decides that you have satisfactorily proved your claim, he or she will give you a document to file with the deeds office.

Under the law, what happens if a homeless person is found dead and nobody knows who it is?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

State laws require coroners and medical examiners to investigate unexplained deaths and deaths that are likely to have resulted from a crime (attack, illegal drug use, etc…).[1]  So, if you die outside, in an abandoned building, or at a shelter or anyplace else outside of a hospital without having had a recently treated medical condition, the coroner or medical examiner will have to figure out the cause of your death. This might be a quick death scene evaluation where they can quickly determine that the victim died of exposure or it might be a longer investigation at the coroner or medical examiner’s lab.

In connection with determining the cause of death and issuing a death certificate, the coroner or medical examiner typically has a legal obligation to identify the person who has died.[2]   This might involve going through the decedent’s possessions, accessing police records, tracing dental records, searching through databases of missing persons,[3] tracing DNA…  The state’s “disposition of body” or “vital records/ death certificates” law will likely list some investigative steps for coroners and ME’s needing to identify bodies.  If the law does not list investigative steps, the guidelines for these investigations could arise from coroners’ professional standards published by the state coroners’ or medical examiners’ professional association or else an internal policy manual for the particular county coroner or medical examiner’s office.[4] 

State laws use the phrase “unclaimed dead bodies” to refer to people who have died without identification and whose remains have not been collected by relatives or others prepared to provide for burial or other final disposition.  These laws, which are typically in the statutory code’s “health and safety” category tell when and how to dispose of the unclaimed remains.  Some states require burial or cremation at government expense.[5]  Some allow the state’s anatomical board to regulate disposal of the body.[6]  Some allow the bodies to be donated for medical research.[7]  Note that medical examiners post information about unclaimed dead bodies in the National Unclaimed Persons Data System.
See also the FBI site that lists found remains of missing and unidentified persons.


[1] Find those state laws through Justia, Cornell’s Legal Information Institute, or even using a search engine with terms like “California law coroner.”

[2] Sample laws:

Pennsylvania –  35 PS 450.506.1
“Notwithstanding any other provision of law to the contrary, no certificate of death or fetal death shall be issued in this Commonwealth if the body or fetal remains have not been positively identified unless the person issuing the certificate of death first obtains a DNA sample and submits the same to the Pennsylvania State Police for storage, for forensic DNA analysis, including nuclear and mitochondrial DNA typing, and for inclusion in any appropriate DNA database…”

Washington –  Rev. C. Wash 43.43.770

“It shall be the duty of the sheriff or director of public safety of every county, or the chief of police of every city or town, or the chief officer of other law enforcement agencies operating within this state, coroners or medical examiners, to record whenever possible the fingerprints and such other identification data as may be useful to establish identity, of all unidentified dead bodies found within their respective jurisdictions, and to furnish to the section all data so obtained. The section shall search its files and otherwise make a reasonable effort to determine the identity of the deceased and notify the contributing agency of the finding.”

South Carolina – Code 1976 17-5-57-
“If the body cannot be identified through reasonable efforts, the coroner must forward the body to the Medical University of South Carolina or other suitable facility for preservation.”

New York  – NY [Executive] Section 838 (McKinney)
“Every county medical examiner shall furnish the division promptly with copies of fingerprints on standardized eight inch by eight inch fingerprint cards, personal descriptions and other identifying data including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry  by the coroner where the deceased is not identified…

[3] Read Nancy Ritter, Missing Persons and Unidentified Remains: The Nation’s Silent Mass Disaster, NIJ Journal issue 256 (January 2007) https://www.ncjrs.gov/pdffiles1/nij/jr000256.pdf which is a Department of Justice article about use of the state and federal missing person registries.

[4] These manuals are not easily available. Here are the standards for autopsies. https://netforum.avectra.com/temp/ClientImages/NAME/eed6c85d-5871-4da1-aef3-abfc9bb80b92.pdf  If it isn’t available in your public library or the county law library, you might find excerpts posted on the county medical examiner’s Web site which you can navigate to via http://www.statelocalgov.net/.

[5] Examples:  New York. Social Service Law Section 141; California Health and Safety Code Section 7104; Nevada Revised Statutes Chapter 451.400; DC Code Title 5, Chapter 14, Part 11 (5-14-11); Official Code of Georgia Title 31 Chapter 21.

[6] Examples: Texas Health & Safety Code Section 691.023; Colorado Revised Statutes 12-34-201; Florida Statutes Chapter 406 Part 50.

[7] Examples: Ohio Revised Code 1713.34; Arkansas Code Title 20, Chapter 17, Subchapter 7; Delaware Code Title 16 Chapter 27 part 02.

What legal rights do you have if the police are rough with you?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

Police are authorized to use force as necessary to stop and detain a suspect,[i] but if they use excessive force beyond what is needed to control the suspect, they can be found guilty of assault and possibly violating the suspect’s civil rights.[ii] If this happens to you, you can file a complaint with the Department of Justice.

There is not one specific law that declares how much force can be used because the circumstances in which police encounter suspects are so variable. The United Stated Department of Justice has a compilation of definitions about how much police force is permissible.[iii] It quotes the U.S. Commission on Civil Rights saying, “in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force.” It also quotes a Bureau of Justice Statistics statement that “the legal test of excessive force…is whether the police officer reasonably believed that such force was necessary to accomplish a legitimate police purpose.” The Department of Justice will also accept and investigate complaints of police misconduct.[iv]

The police officer’s determination about how much force to use is based mainly on the suspect’s behavior.   Sometimes, mentally ill people behave in ways that demonstrate hostility and dangerous unpredicatbility to the police.  Homeless advocates seeking less forceful police handling of mentally ill homeless witnesses, arrestees, and prospective arrestees should read the Council of State Governments Justice Center’s March 2010 report putting forth data and ideas about police interactions with the mentally ill.  The report contains research results and also research questions and policy recommendations for police departments to follow.

Many communities have created citizen police oversight programs that have ordinary local citizens collecting and investigating claims of police misconduct. Four models of programs have been identified:

1. those in which citizen review boards accept and investigate reports from the public
2. those in which the police department takes the complaints and then passes them along to the citizen review committee for further evaluation
3. systems in which the citizen review is only available as an appeal process after the police department has already handled the situation in its own way and
4. those in which complaints are filed with and handled by police departments and then an independent auditor reports to the public about the incidents and how they were handled.[v]

These programs exist with the hope of resolving problems more efficiently than would be possible through litigation. Efficiency means not only rectifying a particular dispute as soon as possible, but also quickly fixing the problem that led to the complaint against an officer. Sometimes the underlying problem is a stressed or violent officer and sometimes the underlying problem is stressed or uncooperative citizens. When the officer is found to be the cause of the problem, his department can retrain, reassign, or otherwise work with him to prevent future incidents that would be similar. When the problem arises from perceptions or behaviors by members of the public, the police department or another unit of the local government can implement a community education program to help avoid recurrences of that kind of problem.

The report that identified the four types of citizen involvement programs also found that victims of harsh police treatment feel validated when citizen review agrees with them and that the victims appreciate that their assistance in fixing a community problem has been valued.[vi]  Additionally, the report notes that police departments and local governments like to solve police misconduct issues using citizen involvement because it “improves their relationship and image with the community”[vii]  and helps them know, earlier than they would otherwise know, how and when officers are getting rough with people which not only stops problems sooner, it also helps them avoid getting sued.[viii]

When somebody does decide to sue the police for using excessive force, the first problem to overcome is the vague notion of how much police can do to physically restrain a suspect. Without a clear legal standard to compare against, plaintiffs have a hard time asserting exactly what was violated. The defending police department can respond by saying that there is no legal basis for the allegation. The next challenge in making a police abuse case is finding a way around sovereign or qualified immunity statutes which protect the government and public employees from being held liable for intentional or negligent harm they might cause while doing their jobs, unless they violate exact statutes or constitutional provisions.[ix]

Generally, in police excessive force cases, instead of suing with a personal injury claim, such as battery or infliction of emotional distress, plaintiffs sue in federal court using a Constitutional law claim. The claim is that an officer who hurts a suspect has committed an illegal seizure under the Fourth Amendment.[x]  Usually, people think of seizure as a situation when a possession has been taken away. But, in these police excessive force claims, it is dignity and health that have been taken away. The courts have specifically stated that “Where an excessive force claim arises in the context of an arrest or investigatory stop of a free citizen, it is most properly characterized as one invoking the protections of the Fourth Amendment, which guarantees citizens the right to be secure in their persons against unreasonable seizures of the person.”[xi]

When deciding whether the force was excessive, the courts look at three things:

1. how severe the crime was (because the police might need to be more forceful with a violent criminal)
2. whether the suspect is likely to still be dangerous (for example if it is expected that the suspect still has a weapon or if the suspect is loud or aggressive when the police arrive) and
3. whether the suspect is trying to fight with or get away from the police.[xii]

Although torts claims, such as battery, can result in financial awards from the court, constitutional claims can only result in changed behavior. So, in addition to claiming that rough police conduct violates their Fourth Amendment rights, victims also claim that the police conduct violated their civil rights.[xiii]  The federal civil rights statute is Section 1983 within Title 42 of the United States Code.[xiv]  Most people just call it “section 1983.” Under that statute, victims of excessive police force can collect reimbursement for their out-of-pocket costs including medical bills and lost wages and they can also collect punitive damages to make the police department suffer financial punishment for having an officer who hurt somebody.[xv]

The final major challenge in proving that police used excessive force is collecting the necessary evidence. To prove police brutality against one person, the ordinary array of proof such as witness testimony, medically documented physical injuries, and analysis of the officer’s weapons would be used to make the case. But, in class action lawsuits against police departments, it is necessary to prove patterns of police misconduct by showing who tends to get rough and when that has happened in the past. The ACLU recommends that litigants investigate how often police on that force fire their guns or use their clubs and that litigants then analyze that data to see whether particular officers use weapons more than others. They also suggest looking at the age and race of the officers who use their weapons the most compared to the races and other characteristics of their victims.[xvi]


[i] Model Penal Code §3.07(1) Use of Force Justifiable to Effect an Arrest, §3.07(2) Limitations on Use of Force §3.07(3) Use of Force to Prevent Escape from Custody §3.07(5) Use of Force to Prevent Suicide or the Commission of a Crime.[ii] Michigan v. Summers, 452 U.S. 692, 101 S.Ct. 2587 (1981). See generally, Linda J. Collier and Deborah D. Rosenbloom, Arrest, 5 Am.Jur.2d. §145 (2006).

[iii] U.S. Dept. of Justice, Federal Bureau of Investigation, National Use of Force Data is available at https://ucr.fbi.gov/use-of-force.

[iv] The U.S. Department of Justice has a full explanation of the federal laws against police misconduct and instructions for filing a complaint. See United States Department of Justice, Addressing Police Misconduct, https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice.

[v] U.S. Dept. of Justice, Civilian Oversight of Law Enforcement: A Review of the Strengths and Weaknesses of Various Models is available at https://www.ojpdiagnosticcenter.org/sites/default/files/NACOLE_Civilian_Oversight.pdf.

[vi] Id. at p.10.

[vii] Id. at p.11.

[viii] Id.

[ix] There are thousands of state and federal court cases about qualified immunity. Some of the prominent U.S. Supreme Court cases include Saucier v. Katz, 533, U.S. 94; 121 S. Ct. (2001) (A police officer who quickly pushed a political demonstrator into a police van was entitled to qualified immunity because his need to act speedily to protect the Vice President from this uncooperative and potentially dangerous demonstrator was reasonable.) Harlow v. Fitzgerald, 457 U.S. 800; 102 S.Ct. 2727 (1982). (Citizens’ rights to collect damages must be weighed against the rights of public officials who constantly bear the risky responsibilities of relying on their discretion in performing public duties.) Wilson v. Lane, 526 U.S. 603; 119 S.Ct. 1692 (1999). (A defense of qualified immunity from having to pay damages is available to public officials who have not violated a particular law and were simply trying to do their work. So, when there was not established caselaw declaring that bringing news reporters to an arrest would violate the Fourth Amendment, police were granted qualified immunity from having to pay damages to the family whose home was filmed during the arrest.)

[x] U.S. Constitution Amendment IV. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”

[xi] Graham v. Connor, 490 U.S. 386, 394 (1989). See also Jones v. Philadelphia, 890 A.2d 1188 (Pa. Comm. 2006) and Sacramento v. Lewis, 523 U.S. 833, 843; 118 S.Ct. 1708, 1715 (1998).

[xii] Graham v. Connor at 396; St. John v. Hickey, 411 F.3d 762,771 (6th Cir., 2005); Payne v. Pauley 337 F.3d 767, 778 (7th. Cir. 2003)

[xiii] Glenda K. Harnud, et al, Civil Rights: Excessive Use of Force 14 CJS §140

[xiv] 42 U.S.C. §1983. “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law…”

[xv] Wagner v. Memphis, 971 F.Supp. 308 (W.D Tenn. 1997); Smith v. Wade, 461 U.S. 30, 103 S.Ct. 1625 (1983); Newport v. Fact Concerts, 453 U.S. 257, 101 S. Ct. 2748 (1981).

[xvi] The ACLU’s Fighting Police Abuse: Community Action Manual is available for free online at http://www.aclu.org/police/gen/14614pub19971201.html. The section titled “Gather the Facts” has the suggestions mentioned here.

If you lost your home because of a tax lien or other tax matter, and the tax authority collected the debt by selling your home, there might be leftover profit from that sale that you are entitled to. How can you collect that if you don’t have an address?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

Property tax sales are generally conducted by the municipal or county governments that collect property taxes. This means that it is necessary to look in the municipal or county code to find the rules about when and how properties will be sold to pay-off a property tax debt.[i] The phrase “tax sale excess proceeds” will likely be the heading for the rules section about money owed to the homeowner after the house is sold to pay the tax debt.

The rules will establish a schedule for property tax sales. Perhaps the town or county only has one property tax sale every quarter. Maybe property tax sales occur on the last Friday of the month. Usually, the schedules establish a short enough time within which to sell the home that the person who lost the home can still be located. Knowing that there is likely to be money coming from the sale of his home, a newly homeless person must remain in contact with the agency (probably the sheriff’s department) selling the house.

Note that even though this question is about losing a house because of a tax debt, the same legal analysis works with any debt in which a house was collateral. If the house is taken away to pay debt and is then sold by the creditor for more than the amount of money owed, the debtor is supposed to get the leftover money. The legal right to collect those proceeds does not always come from any particular law. It is a simple common law principle of debt law that the creditor is only entitled to the amount he is owed.[ii] Some states might have this principle included in their statutes. Some agencies such as state departments of revenue or banking might include it in their separate regulations. Whether it is written in the law or not, this principle still holds true.

In the hassle and confusion of losing the house and trying to get re-established elsewhere while dealing with the financial papers and tumult, anyone might lose track of procedures. It is easy to understand how someone in these circumstances might not recall who to go to for a refund. In most states, the treasurer’s office keeps track of “unclaimed property” – a fancy way of saying money that rightfully belongs to citizens whom the government cannot locate.[iii]

“Unclaimed property” might be these excess proceeds from creditor house sales, unclaimed stocks, old certificates of deposit, neglected bank accounts, money from insurance policies, and more. Anyone who can use the Internet can search the state treasurer’s unclaimed property database.  A claimant can write a letter to the state treasurer instead filing a claim online. State agencies do understand that for many people the Internet is hard to use or is not available

In many states, simply finding the unclaimed property listing on the Internet is only the first step toward getting it back. There is usually a form to submit, a signature to be notarized, and that ever challenging proof of identity. As in dealings with the federal agencies, it is generally feasible for a homeless person dealing with the state treasurer’s office of unclaimed property, to either use a street address where he doesn’t live but can receive mail or to prove his identity with the help of social service agencies where he is known as a client.


[i] Here are some examples of tax office notices to homeowners whose houses are sold to pay off tax debts:
– Brazoria County, Texas

The sale of property for delinquent taxes may generate excess funds over and above the amount of judgment.  These funds must be turned over to the clerk of the court issuing the order of sale for safekeeping.  The retention period is two years from the date of sale.

Once the District Clerk’s Office receives the excess proceeds from a tax sale, a certified letter will be sent to the defendant within 31 days of receipt. To release the money, we must have a court order signed and dated by the presiding judge. The payor’s name, address, the amount of money as well as the person to whom the check is to be made payable must also be provided within the order.
http://www.brazoria-county.com/dclerk/AccountingRegistry.asp
Sierra County, California
“If the property is sold, lien holders and the former owner may claim proceeds in excess of the taxes and costs of the sale.”   http://www.sierracounty.ws/county_docs/collector/faq2012.pdf
Alaska
“If the proceeds of the sale of tax-foreclosed property exceed the total of unpaid and delinquent taxes, penalty, interest, and costs, the municipality shall provide the former owner of the property written notice advising of the amount of the excess and the manner in which a claim for the balance of the proceeds may be submitted. Notice is sufficient under this subsection if mailed to the former record owner at the last address of record of the former record owner.” Title 29 Alaska Statutes Chapter 45 Section 480.
http://touchngo.com/lglcntr/akstats/Statutes/Title29/Chapter45/Section480.htm (Site not published by the state of Alaska.)

[ii] Dan B. Dobbs, LAW OF REMEDIES- DAMAGES, EQUITY, RESTITUTION§4.1 (West, 1995)

[iii] State unclaimed property offices are listed at http://www.unclaimed.org/. (Enter as an “owner.)The federal unclaimed property office (where you can find out about pension funds, mortgage interest refunds, etc…) is at http://fms.treas.gov/faq/unclaimed.html.