This fall, attorneys should remember Attorney Unclaimed Funds, a simple way to support civil legal services for low-income Ohioans. November 1 is the deadline to report unclaimed funds to the Ohio Department of Commerce Division of Unclaimed Funds, and with it comes an innovative funding source for Ohio’s legal aids and access to justice.

Effective April 12, 2021, an Ohio law created Attorney Unclaimed Funds. Attorney Unclaimed Funds include:

  • Unclaimed IOLTA funds held pursuant to R.C. 4705.09;
  • Unclaimed IOTA funds held pursuant to R.C. 3953.231; and,
  • Unclaimed residual settlement funds, whether for named or unnamed plaintiffs.

See R.C. 169.01(L).

The law authorizes the Ohio Access to Justice Foundation, the largest funder of civil legal services in Ohio, to use Attorney Unclaimed Funds to support civil legal aid and access to justice. In 2022, Ohio’s legal aids helped more than 130,000 Ohioans resolve their civil legal issues to live safer, healthier, and more financially stable lives. Thanks to a partnership with the Ohio Department of Commerce Division of Unclaimed Funds, the Foundation will use Attorney Unclaimed Funds to further improve access to justice for low-income Ohioans.

Ohio attorneys must use a specific property code created by the Division – TR88 – when reporting Attorney Unclaimed Funds. Complete the Division’s form OUF-1A to provide information about the company reporting unclaimed funds and form OUF-2 to report the cash value of unclaimed accounts.

The Division also offers a Voluntary Compliance Agreement (VCA) for “companies or holders of unclaimed property that was not reported in past reporting cycles and would like to become compliant with the Ohio Unclaimed Funds law.” Learn more about VCA acceptance criteria and the VCA process on the Division’s website.

If an attorney has no unclaimed funds, the attorney must still file with the Division. File the “Negative” or “None” report online through the Ohio Business Gateway. If unable to file online, please contact the Division at (614) 466-4433 to request a form or email your contact name, business name, and contact information (phone number, mailing address, and applicable email address) and circumstance for requesting a paper form at UnfdCompliance@com.ohio.gov.

The Foundation’s FAQ answers frequently asked questions, including an explanation of when funds become dormant and eligible for reporting to the Division, and includes contact information for Foundation and Division staff if you need more assistance.

By fulfilling the requirement to report unclaimed funds, you are turning a professional responsibility into life-changing support for Ohio’s most vulnerable. Thank you for your kind attention to this matter.

For answers to commonly asked questions about Attorney Unclaimed Funds, please visit the Foundation’s FAQ.