Could a Louisiana sheriff put unclaimed bond and civil fees into the sheriff's general fund?

Plain-English summary

In 2005, the Louisiana Attorney General told the St. Helena Parish sheriff that unidentified bond and civil fees could not simply be moved to the sheriff's general fund. On the facts supplied, those fees were governed by Louisiana's unclaimed-property law. The sheriff's office was to report the presumed-abandoned money and pay it to the state treasurer.

The opinion drew a specific distinction between fees and discharged cash bail bonds. The AG quoted LSA-R.S. 15:86.1 as directing a sheriff to put discharged cash bail bonds unclaimed for more than three years into the sheriff's general fund. The AG said that exception applied if any of the money in question actually met that description.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What happened to unidentified bond and civil fees under this opinion? A: The AG treated the funds described by the sheriff as undistributed fees. Under the law cited in 2005, the office was to report the presumed-abandoned property and transfer it to the state treasurer.

Could the sheriff deposit those fees in the general fund? A: Not on the facts supplied. The AG applied the unclaimed-property law to the fees and directed a report and transfer to the treasurer.

Were unclaimed cash bail bonds treated the same way? A: No. The opinion said discharged cash bail bonds left unclaimed for more than three years fell under the quoted LSA-R.S. 15:86.1 exception and were to go to the sheriff's general fund.

Why did the AG emphasize the description of the money as fees? A: The AG explicitly relied on the sheriff's representation that the funds were “undistributed bond and civil fees.” Their characterization determined whether the unclaimed-property rule or the cash-bail-bond exception applied.

Background and statutory framework

The sheriff asked whether money in his Bond and Civil Funds, with no records identifying the person owed, could be directed to the general fund. The AG identified the Uniform Unclaimed Property Act of 1997, LSA-R.S. 9:151 through 9:181, as governing the described fees. It quoted LSA-R.S. 9:153(10) on property held by government that was unclaimed “one year after the property becomes distributable,” subject to the LSA-R.S. 15:86.1 exception.

The opinion then cited LSA-R.S. 9:159's reporting requirement and quoted LSA-R.S. 9:160's command to “pay, transfer, or cause to be paid or transferred to the administrator” the property in the report. Its conclusion depended on the supplied characterization of the money and did not find that the sheriff actually held discharged cash bail bonds.

Citations

• LSA-R.S. 9:153, 9:159, and 9:160 (unclaimed-property provisions discussed in the opinion).
• LSA-R.S. 15:86.1 (the discharged cash bail bond exception quoted by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0004

Original opinion text

March 10, 2005
Opinion Number 05-0004

107 SHERIFFS
167-A UNKNOWN OWNERS
LSA-R.S. 9:151 through 9:181; LSA-R.S. 15:86.1 Honorable Ronald “Gun” Ficklin
Sheriff of St. Helena Parish
The disposition of bond and civil fees collected by
Sheriff and placed in the Sheriff’s Bond and Civil
P. O. Box 1205
Funds, in instances where there are no records to
Greensburg, Louisiana 70441
indicate to whom the money is owed, is governed by
LSA-R.S. 9:151 through 9:181, Louisiana’s Uniform Unclaimed Property Act of 1997.
Dear Sheriff Ficklin:

This office is in receipt of your request for an Attorney General’s Opinion regarding certain outstanding balances in the Sheriff’s Bond and Civil Funds, namely amounts for which there are no records to indicate to whom the money is owed. It is our understanding that the monies in question represent various bond and civil fees collected by the Sheriff’s office on behalf of the Sheriff, as well as on behalf of other agencies. Specifically, with respect to these funds, you pose the following question:

“If there can be no determination as to whom the money is owed, will it be legal to direct the money to our general fund?”

LSA-R.S. 9:151 through 9:181, Louisiana’s Uniform Unclaimed Property Act of 1997 (“LUUPA”), provides for the proper disposition of the monies in question. In accordance with LSA-R.S. 9:153 thereof:

“A. Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property for the following:

(10) Property held by a court, state or other government, governmental subdivision or agency, public corporation, or other public authority, one year after the property becomes distributable, except as provided in R.S.
15:86.1.”

We also direct your attention to LSA-R.S. 9:159, which requires a holder of “property presumed abandoned” to make a report to the state treasurer, as LUUPA administrator, concerning such property. In accordance with LSA-R.S. 9:160, upon the filing of such a report:

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Opinion Number 05-0004
Honorable Ronald “Gun” Ficklin
Sheriff of St. Helena Parish
Page -2-

“…the holder of property presumed abandoned shall pay, transfer, or cause to be paid or transferred to the administrator the property described in the report as unclaimed…”

In accordance with the above, it is the opinion of this office that the disposition of bond and civil fees collected by your office and placed in the Sheriff’s Bond and Civil Funds, in instances where there are no records to indicate to whom the money is owed, is governed by LUUPA. Accordingly, it is our advice that your office prepare the report(s) referred to in LSA-R.S. 9:159 and pay over to the treasurer, as LUUPA administrator, the funds in question.

Please note that in reaching our determination herein, we have relied upon the advice of your office that the funds in question are actually undistributed bond and civil fees. The proper characterization of the funds as ‘fees’ is relevant, in light of the provisions of LSA-R.S. 15:86.1, which provision of law is referred to in LSA-R.S. 9:153(10). LSA- R.S. 15:86.1 pertinently provides, with respect to the sheriffs of most parishes within the state, including St. Helena:

“Notwithstanding any other provision of law to the contrary, any sheriff having possession or control of cash bail bonds which have been discharged and which remain unclaimed for more than three years, shall deposit the same into the general fund of the sheriff, and thereafter the sheriff shall assume liability therefor.”

In accordance with LSA-R.S. 15:86.1, as recognized by LSA-R.S. 9:153(10), if any of the funds in question are “cash bail bonds which have been discharged and remain unclaimed for more than three years”, those particular funds should not be turned over to the treasurer for disposition under LUUPA, but should instead be deposited into your general fund.

We trust the foregoing to be helpful. Should you need assistance in other areas of the law, please do not hesitate to contact this office.

Yours very truly,

CHARLES C. FOTI, JR.
Attorney General

BY: _________
JEANNE-MARIE ZERINGUE BARHAM
Assistant Attorney General

CCF, jr./JMZB/dam

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Opinion Number 05-0004
Syllabus

107 SHERIFFS
167-A UNKNOWN OWNERS
LSA-R.S. 9:151 through 9:181; LSA-R.S. 15:86.1

The disposition of bond and civil fees collected by Sheriff and placed in the Sheriff’s Bond and Civil Funds, in instances where there are no records to indicate to whom the money is owed, is governed by LSA-R.S. 9:151 through 9:181, Louisiana’s Uniform Unclaimed Property Act of 1997.

Honorable Ronald “Gun” Ficklin
Sheriff of St. Helena Parish
P. O. Box 1205
Greensburg, Louisiana 70441

Date Received:

Date Released: March 10, 2005

Jeanne-Marie Zeringue Barham
Assistant Attorney General