reglab/housing_qa huggingface dataset:
12 DE Code § 1175. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1175. Evidence of debt or undischarged obligation.

§ 1175. Evidence of debt or undischarged obligation. (a) A record showing an unpaid debt or undischarged obligation is prima facie evidence of an obligation. In claiming property from a holder, the State Escheator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing evidence of the unpaid debt or undischarged obligation and passage of the requisite period of abandonment. (b) A holder may overcome prima facie evidence under subsection (a) of this section by establishing by a preponderance of the evidence that 1 of the following occurred:  (1) A check, draft, or similar instrument was issued as an unaccepted offer in settlement of an unliquidated amount. (2) A check, draft, or similar instrument was issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected. (3) A check, draft, or similar instrument was issued to a party affiliated with the issuer. (4) A check, draft, or similar instrument was paid, satisfied, or discharged.  (5) A check, draft, or similar instrument was issued in error. (6) A check, draft, or similar instrument was issued without consideration.81 Del. Laws, c. 1, § 2;
12 DE Code § 1176. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1176. Failure of person examined to retain records.

§ 1176. Failure of person examined to retain records. (a) If a person subject to examination under § 1171 of this title does not retain the records required by § 1145 of this title, the State Escheator may determine the amount of property due using a reasonable method of estimation based on all information available to the State Escheator, including to extrapolation and the use of statistical sampling when appropriate. (b) The Secretary of Finance, in consultation with the Secretary of State, shall, on or before December 1, 2017, adopt regulations regarding the method of estimation to create consistency in any examination or voluntary disclosure. These regulations must include permissible base periods, items to be excluded from the estimation calculation, aging criteria for outstanding and voided checks, and the definition of what constitutes complete and researchable records. 81 Del. Laws, c. 1, § 2;  81 Del. Laws, c. 48, § 5;
12 DE Code § 1177. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1177. Report to person whose records were examined [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1177. Report to person whose records were examined [For application of this section, see 83 Del. Laws, c. 59, § 25]. At the conclusion of an examination under § 1171 of this title, the State Escheator shall provide to a person whose records were examined a complete and unredacted statement of findings, which must identify in detail all of the following:  (1) The property types reviewed. (2) The methodology of any estimation technique, extrapolation, or statistical sampling method used in conducting the examination. (3) The calculation showing the value of property determined to be due. (4) The findings of the person conducting the examination.81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 18;
12 DE Code § 1178. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1178. State Escheator's contract with another to conduct compliance review and examination and limit on future employment.

§ 1178. State Escheator's contract with another to conduct compliance review and examination and limit on future employment. (a) The State Escheator may contract with a person to conduct compliance reviews and examinations in accordance with this chapter but no such person shall be assigned more than 50% of the number of all such compliance reviews and examinations undertaken subsequent to January 1, 2015. (b) Notwithstanding any other provision of this Code, every contract between the State and a person conducting examinations and providing any unclaimed property examination or consulting services must meet all of the following:  (1) Be for a term of no more than 5 years. (2) Provide for payment exclusively on an hourly basis for all compliance reviews and examinations of holders incorporated in Delaware, except for compliance reviews and examinations of customer accounts or policies for securities accounts and life insurance policies.  (3) Require compliance with any state-approved nondisclosure agreement and nonsolicitation provisions. (4) Provide that the person may not hire, retain, or compensate in any way any employee of the Department of Finance who functions in a senior supervisory role related to unclaimed property, including the Secretary of Finance, a Deputy Secretary of Finance, the State Escheator, Assistant Director of Enforcement, or Audit Manager, for a period of 2 years from the time such employee leaves the employ of the Department of Finance.81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 19;
12 DE Code § 1180. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1180. Judicial action to enforce liability.

§ 1180. Judicial action to enforce liability. (a) If any person refuses to pay or deliver property, including penalty or interest on the property, to the State Escheator as required by this chapter, the State Escheator may bring an action to enforce such payment or delivery in the Court of Chancery in the county in which the holder resides or has a principal place of business or, if no such principal place of business exists, in New Castle County. (b) In an action under subsection (a) of this section, if no court in this State has jurisdiction over the defendant, the State Escheator may commence an action in a federal court or state court having jurisdiction over the defendant. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1181. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1181. Interstate agreement and cooperation.

§ 1181. Interstate agreement and cooperation. (a) Subject to subsection (b) of this section, the State Escheator may do both of the following:  (1) Exchange information with another state relating to property presumed abandoned or relating to the possible existence of property presumed abandoned. (2) Authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a holder as provided in § 1171 of this title. (b) An exchange of information or examination of records under subsection (a) of this section may be done only if the other state has confidentiality and security requirements substantially equivalent to those in § 1189 of this title or agrees in a record to be bound by this State's confidentiality and security requirements. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1182. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1182. Action involving another state.

§ 1182. Action involving another state. (a) The State Escheator may join other states to examine and seek enforcement of this chapter against any person believed to be holding property reportable under this chapter. (b) On request of another state, the Attorney General may commence an action on behalf of the other state to enforce, in this State, the law of the other state against a holder of property presumed abandoned and therefore subject to a claim by the other state, if the other state agrees to pay costs incurred by the Attorney General in the action. (c) The State Escheator may request the official authorized to enforce the unclaimed property law of another state to commence an action to recover property in the other state on behalf of the State Escheator. This State shall pay all costs, including reasonable attorneys' fees and expenses, incurred by the other state in an action under this subsection. (d) The State Escheator may pursue an action on behalf of this State to recover property subject to this chapter but delivered to the custody of another state if the State Escheator believes the property is subject to the custody of the State Escheator. (e) The State Escheator may retain a private attorney in this State or another state or foreign country to commence an action to recover property on behalf of the State Escheator and may agree to pay attorneys' fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action. (f) Expenses incurred by this State in an action under this section may be paid from property received under this chapter or net proceeds of the property. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1183. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1183. Interest and penalties.

§ 1183. Interest and penalties. (a) Interest at 0.5% per month on outstanding unpaid amounts accrues from the date the amounts or property were due under this chapter until paid. Interest due in accordance with this subsection may not exceed 50% of the amount required to be paid. Penalties under subsection (b), (c), or (d) of this section are not interest for purposes of this subsection. This subsection applies to any late-filed unclaimed property that is reported and remitted on or after July 1, 2017.  (1), (2) [Repealed.]  (b) If a person fails to file any report required by this chapter on or before the due date prescribed for the report, determined with regard to any extension of time for filing, unless it is shown that such failure is due to reasonable cause and not wilful neglect, the person shall add to the amount of unclaimed property required to be shown on the report the lesser of 5% of the amount thereof if the failure is not for more than 1 month, with an additional 5% for each additional month or fraction thereof during which such failure continues, not to exceed 50% in the aggregate or a civil penalty of $100 for each day the report is withheld or the duty is not performed, but not more than $5,000. (c) If a person fails to pay the amount of unclaimed property required to be shown on any report required by this chapter on or before the due date prescribed for the payment of such property, determined with regard to any extension of time for payment, unless it is shown that such failure is due to reasonable cause and not wilful neglect, the person shall add to the amount of such property required to be shown on any report 0.5% of the amount of such property if the failure is for not more than 1 month, with an additional 0.5% for each additional month or fraction thereof during which such failure continues, not to exceed 25% in the aggregate. For purposes of this subsection, the amount of property shown on any report is to be reduced by the amount of any property which is paid on or before the beginning of the month for which a calculation is made under this subsection. (d) If any part of a deficiency in payment of unclaimed property required to be shown on any report is due to fraud, the person must add to the property required to be shown on the report an amount equal to 75% of the portion of the deficiency in payment which is attributable to fraud. The penalty prescribed by this subsection applies only in cases where a report of unclaimed property is filed and only to that part of the deficiency in payment the State Escheator establishes is due to fraud or wilful misrepresentation 12 Del. C. 1953, §  1207;  58 Del. Laws, c. 426, §  12;  63 Del. Laws, c. 311, §  3;  68 Del. Laws, c. 122, §  6;  73 Del. Laws, c. 417, §  2;  79 Del. Laws, c. 278, §  1;  80 Del. Laws, c. 114, §  2;  81 Del. Laws, c. 1, § 2;  81 Del. Laws, c. 48, § 6;  83 Del. Laws, c. 59, § 21;
12 DE Code § 1184. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1184. Other civil penalties.

§ 1184. Other civil penalties. If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise wilfully fails to perform a duty imposed on the holder under this chapter, the State Escheator may require the holder to pay the State Escheator, in addition to interest as provided in § 1183(a) of this title, a civil penalty of $1,000 for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of $25,000, plus 25% of the amount or value of any property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1185. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1185. Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1185. Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25]. (a) The State Escheator may, for good cause, waive, in whole or in part, interest and penalties under § 1183 or § 1184 of this title, subject to the following requirements:  (1) Except as provided in (a)(2) of this section, interest must be no less than 20% per incident for any holder who receives a notice of examination after August 1, 2021.  (2) Interest must be 1% per incident for any holder who receives a notice of examination after August 1, 2021, who completes and remits payment pursuant to a Department of Finance expedited examination process under § 1172(c) of this title. (3) For the purposes of this section, “per incident” means the total past-due examination liability, including any estimated liability under § 1176(a) of this title. (b) The Secretary of State may waive interest due on outstanding unpaid amounts reported through the Secretary of State's voluntary disclosure program pursuant to § 1173 of this title. (c) [Repealed.] 81 Del. Laws, c. 1, § 2;  81 Del. Laws, c. 48, § 7;  83 Del. Laws, c. 59, § 22;
12 DE Code § 1186. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1186. When agreement to locate property enforceable.

§ 1186. When agreement to locate property enforceable. An agreement by an owner and a person, a purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the State Escheator, is enforceable only if the agreement meets all of the following criteria:  (1) It is in a record that clearly sets forth the nature of the property and the services to be provided. (2) It is signed by or on behalf of the owner, with signature notarized. (3) It states the amount or value of the property reasonably estimated or expected to be recovered computed both before and after a fee or other compensation to be paid to the other person has been deducted. (4) It discloses that the property is being held by the Department of Finance.81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 23;
12 DE Code § 1187. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1187. When agreement to locate property unenforceable.

§ 1187. When agreement to locate property unenforceable. (a) Subject to subsection (b) of this section, an agreement under § 1186 of this title is void and unenforceable if it is entered into during the period beginning on the date the property was distributable to the owner and ending 24 months after the payment or delivery. (b) If a provision in an agreement described in subsection (a) of this section applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a portion of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void and unenforceable regardless of when the agreement is entered into. (c) For an agreement under subsection (a) of this section, total fees and costs may not exceed $1,000 or 10% of the value of the property recovered, whichever is less.  (d) An owner or the State Escheator may assert that an agreement described in this section is invalid on a ground other than it provides for payment of unconscionable compensation. (e) This section does not apply to an owner's agreement with an attorney to contest the State Escheator's denial of a claim for recovery of the property. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1188. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1188. Right of owner's agent to recover property held by State Escheator.

§ 1188. Right of owner's agent to recover property held by State Escheator. (a) An owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the owner that is held by the State Escheator may appoint or designate the person as the owner's agent. The appointment or designation must be in a record signed by the owner. (b) An owner's agent is entitled to receive from the State Escheator all information concerning the property which the owner would be entitled to receive, including information that would otherwise be confidential information under § 1189 of this title. (c) If authorized by the owner, the owner's agent may bring an action against the State Escheator on behalf of and in the name of the owner. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1189. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1189. Confidentiality of records.

§ 1189. Confidentiality of records. (a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the Department of Finance or the Department of State or for any other officer, employee, or contractor of this State to disclose or make known in any manner to any person who is not a current officer or employee of this State any of the following:  (1) The amount of unclaimed property that has been reported to and received by the State Escheator or the Secretary of State, or both, by any holder, under this chapter, or to disclose the terms of or supporting documentation related to any annual filing, unclaimed property voluntary disclosure agreement, or settlement agreement resulting from the reporting of any unclaimed property under this chapter, including all agreements entered into under this chapter, including past agreements. (2) Identifying information regarding any unclaimed property owner that is set forth in any report or record made or delivered to the State Escheator, including the exact amount of any property and the character of any property received by the State Escheator. (b) Notwithstanding subsection (a) of this section, the State Escheator shall maintain a public record of all names and last-known address identifiers of the person or persons appearing to be entitled to property paid or delivered to the State Escheator under this chapter, including whether the value of such property exceeds a set amount to be determined by the State Escheator. (1) The State Escheator shall retain other identifying information in a report or record made or delivered to the State Escheator. (2) The State Escheator shall consider the information in paragraph (b)(1) of this section to be confidential and the information may be disclosed only in the discretion of the State Escheator. (3) The State Escheator may provide additional information regarding unclaimed property as follows:  a. To a person who has presented satisfactory proof of an interest in or title to such property. b. For purposes directly connected with the administration of this chapter. (c) For purposes of this section, “officer or employee” includes present and former officers and employees, and any person currently or formerly employed or retained by the State. (d) Any violation of this section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $1,000, or imprisonment not to exceed 6 months, or both. The Superior Court shall have exclusive original jurisdiction over such misdemeanor. (e) Policies and procedures relating to the determination of claims and fraud prevention are confidential and are not a “public record” under Chapter 100 of Title 29.  12 Del. C. 1953, §  1141;  50 Del. Laws, c. 507, §  1;  79 Del. Laws, c. 2, §  1;  79 Del. Laws, c. 278, §  1;  81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 24;
12 DE Code § 1190. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1190. Severability.

§ 1190. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1220. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter V. Escheat of Postal Savings System Accounts|§ 1220. Declaration of escheat.

§ 1220. Declaration of escheat. All postal savings system accounts created by the deposits of persons whose last known addresses are in this State which have not been claimed by the persons entitled thereto before June 1, 1971, are presumed to have been abandoned by their owners and are declared to escheat and become the property of the State. 12 Del. C. 1953, §  1220;  58 Del. Laws, c. 329;  58 Del. Laws, c. 426, §  18;
12 DE Code § 1221. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter V. Escheat of Postal Savings System Accounts|§ 1221. Obtaining information on accounts.

§ 1221. Obtaining information on accounts. The Secretary of State shall request from the Bureau of Accounts of the United States Treasury Department records providing the following information:  (1) The names of depositors at the post offices of this State whose accounts are unclaimed; (2) The last known addresses of such persons, as shown by the records of the Post Office Department; and (3) The balance remaining in each account, as shown by the records of the Post Office Department. The Secretary of State shall agree to return to the Bureau of Accounts, promptly, all account cards showing last addresses in another state. 12 Del. C. 1953, §  1221;  58 Del. Laws, c. 329;  58 Del. Laws, c. 426, §  18;
12 DE Code § 1222. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter V. Escheat of Postal Savings System Accounts|§ 1222. Proceeding to adjudicate escheat.

§ 1222. Proceeding to adjudicate escheat. The Secretary of State may bring proceedings in the United States District Court to escheat unclaimed postal savings system accounts held by the United States Treasury Department. A single proceeding may be used to escheat as many accounts as may be available for escheat at 1 time. 12 Del. C. 1953, §  1222;  58 Del. Laws, c. 329;  58 Del. Laws, c. 426, §  18;