§ 1572.Actions By Controller

Title 10. Unclaimed Property · Chapter 7. Unclaimed Property Law · Article 6. Compliance and Enforcement · Enacted 1968 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1572 authorizes the State Controller to sue in an appropriate court to compel a records examination, obtain a judicial ruling that property is escheatable, or force delivery of property, and specifies which California and out-of-state courts have jurisdiction over the holder in each situation.

Full Text of § 1572

Text sizeJump to: (a) (b) (c)

(a) The State Controller may bring an action in a court of appropriate jurisdiction, as specified in this section, for any of the following purposes:

(1) To enforce the duty of any person under this chapter to permit the examination of the records of such person.

(2) For a judicial determination that particular property is subject to escheat by this state pursuant to this chapter.

(3) To enforce the delivery of any property to the State Controller as required under this chapter.

(b) The State Controller may bring an action under this chapter in any court of this state of appropriate jurisdiction in any of the following cases:

(1) Where the holder is any person domiciled in this state, or is a government or governmental subdivision or agency of this state.

(2) Where the holder is any person engaged in or transacting business in this state, although not domiciled in this state.

(3) Where the property is tangible personal property and is held in this state.

(c) In any case where no court of this state can obtain jurisdiction over the holder, the State Controller may bring an action in any federal or state court with jurisdiction over the holder.

End

Plain-English Summary

When cooperation breaks down, this section gives the Controller a court remedy. The Controller may go to court for three distinct purposes: to make a holder submit to the records examination Section 1571 authorizes, to get a judicial determination that specific property is subject to escheat under this chapter, or to force a holder to hand over property already found to belong to the state.

Because holders aren't always based in California, the section maps out where such a suit can be filed. A California court has jurisdiction if the holder is domiciled here, is a government body of this state, does business here even without being domiciled here, or if the property itself is tangible personal property physically located here. If none of those hooks apply and no California court can reach the holder, the Controller isn't out of luck: the action can be brought in any federal or state court that does have jurisdiction over that holder.

Frequently Asked Questions

What three things can the State Controller sue for under this section?

To enforce a holder's duty to permit a records examination, to obtain a judicial determination that particular property is subject to escheat, and to enforce delivery of property to the Controller.

Which holders can be sued in a California court under this section?

A holder domiciled in California, a government or governmental subdivision of California, a holder transacting business in California even if not domiciled here, or a holder of tangible personal property located here.

What happens if no California court has jurisdiction over the holder?

The State Controller may bring the action in any federal or state court that does have jurisdiction over that holder.

Amendment History

Added by Stats. 1968, Ch. 356.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: controller enforcement action unclaimed propertyjurisdiction over out of state holder escheat