Wanda Rozmarek v. State of Illinois — 26 Ill. Ct. Cl. 475

WANDA ROZMAREK, Claimant, v. STATE OF ILLINOIS, Re- spondent.

Case summary

Claimant sought refund of a $500.00 security deposit made under the Motor Vehicle Law, which had been transferred to the General Revenue Fund after no claim was filed. The court found she was justly entitled to a refund and awarded $500.00, but denied attorney's fees.

Claim type: Other

Statutes cited: 1961 Ill. Rev. Stats., Chap. 95½, Sec. 7-503

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

MOTOR VEHICLES-escheat of safety responsibility deposit. Evidence disclosed that claimant was entitled to a refund of monies escheated to State pursuant to Chap. 95M, See. 7-503, 1961 Ill. Rev. Stats.

JOSEPH J. CIACCIO, Attorney for Claimant. WILLIAM J. SCOTT, Attorney General; LEE D. MARTIN, Assistant AttorneyGeneral, for Respondent.

DOVE, J.

Claimant, Wanda Rozmarek, is seeking recovery of $500.00, which was deposited with the office of the Secretary of State pursuant to the Motor Vehicle Law (1961 Ill. Rev. Stats., Chap. 95y2,Sec. 7-503) on December 27, 1962. The requirement of deposit arose out of an automobile accident, which involved a vehicle driven by claimant. Claimant is also requesting $175.00 for attorney’s fees.

The Departmental Report shows that claimant received a receipt from the Safety Responsibility Division of the office of the Secretary of State, dated December [*476] 27, 1962; that, on July 6, 1966, claimant received another letter from the office of the Secretary of %ate, Safety Responsibility Section, advising her that the above deposit had been on file with the officeof the Secretary of State for over three years ; and further advising claimant that, unless a claim was filed within thirty days, the deposit would be transferred to the General Revenue Fund, as provided by statute. No claim was filed, and the security deposit was thereafter transferred to the General Revenue Fund.

The parties have stipulated that the facts appearing in the Departmental Report are true and undisputed. See. 7-503, Chap. 951/, Ill. Rev. Stats., provides that any person having a legal claim against such deposit may enforce it by appropriate proceedings in the Court of Claims.

The Court is of the opinion that claimant is justly entitled to a refund. It is not the policy of this Court to allow attorney’s fees unless specifically authorized by statute.

An award is accordingly made by this Court to claimant, Wanda Rozmarek, in the amount of $500.00.