Tennessee Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment

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Description

Abandonment is the act of intentionally relinquishing, without reservation, a known right without reference to any particular person or purpose. In some jurisdictions, carriers, innkeepers and other designated parties are authorized by statute to sell abandoned or unclaimed freight, baggage or other personal property under specified conditions. These statutes generally require that the property remain unclaimed for a designated period and that notice of the sale be given.


A notice of sale of abandoned property must be given in strict compliance with the terms of the governing statute. Notice of a public sale of unclaimed or abandoned property is typically required to be published in a newspaper of general circulation in the county where the sale is to be held.


Most states have enacted legislation providing for the escheat of abandoned and unclaimed property, or giving custody of such property to the state. These statutes generally set forth procedures, whereby the owner may file a claim and obtain restoration of the property within a designated period of time.

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FAQ

Generally speaking, in Tennessee unclaimed property is intangible (ex. uncashed paychecks, savings accounts)or tangible property (ex. safe deposit box contents), in which there has been no activity generated or contact with the owner for a one-year or longer period?at which point, it becomes unclaimed or "abandoned".

Unclaimed Property is a free service of the Tennessee Department of Treasury. You can search your name at anytime. If there's a match, you can file claim for your unclaimed property (with no fees) in three easy steps on our website!

Due diligence consists of mailing a first class letter to the owner. The purpose of the letter is to give the owner the opportunity to collect the funds from you and relieve you of the liability to have to report and remit the funds to the Unclaimed Property Division.

Unclaimed funds are those assets where the rightful owner cannot be located. Typically unclaimed funds and property are handed over to the state the assets are located in, after a dormancy period has passed. When claiming unclaimed funds that have risen in value, taxes may be assessed at the time as ordinary income.

(a) The tenant's unexplained or extended absence from the premises for thirty (30) days or more without payment of rent as due shall be prima facie evidence of abandonment. The landlord is then expressly authorized to reenter and take possession of the premises.

The default dormancy period for unclaimed property has been changed from 5 years to 3 years. Property that does not have a specified dormancy period must now be reported 3 years after being "unclaimed".

§§ 66-29-101-155 is the Tennessee Unclaimed Property Act. The act requires all holders of unclaimed or abandoned property to report and transmit all unclaimed property to the state. All reports must be filed electronically in an accepted format. The Department of Treasury has free software available on their website.

Tennessee Dormancy Periods Most property types in Tennessee have a dormancy period of three years. For most property types, accounts are considered dormant if the owner of a property has not indicated any interest in the property or if no contact has been made for the allotted dormancy period for that property.

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Tennessee Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment