CWES Fiscal - Warrant Replacement

Assembly Bill (AB) 142

AB 142, which was signed into law January 1, 1986, provides that a client has the right to sign an affidavit regarding a lost warrant by the fifth working day after the day the warrant was mailed. A lost warrant may be defined as a warrant that was never received, or was received, but prior to endorsement was lost, stolen, or destroyed.

Agency Policy

An “outstanding warrant” is a warrant that has not yet been paid by the Treasurer through its bank. If an outstanding warrant was received by the payee, and then the unendorsed warrant is lost, stolen or destroyed, it may be replaced upon proper completion of an affidavit by the payee. Santa Clara County uses the “Declaration of Lost or Destroyed Warrant” (SCD 382) to replace an outstanding warrant.

Agency policy is to have the client sign the SCD 382 on the seventh calendar day after the mailing date, which meets the requirement of AB 142.

The following is a summary of Agency Policy for outstanding warrants:

If the client/provider...	And...	Then
Did NOT receive the warrant,	The Agency has possession of the warrant,	The warrant may be cancelled and reis- sued, and remailed immediately.
Did NOT receive the warrant,	The warrant is NOT in the Agency’s possession and we do not have definite knowledge of what happened to it,	No replacement of the outstanding warrant may be made before the seventh calendar day, after the mailing date when it is officially considered “lost.”
Received the warrant,	Has definite knowledge that the warrant was lost, stolen, or destroyed,	There is no waiting period prior to the replacement of that outstanding unendorsed warrant. The client has the right to sign the affidavit immediately.
Received the warrant,	The warrant WAS endorsed and then lost, stolen, or destroyed,	Refer to Lost Endorsed Warrants.

CWES Fiscal - Warrant Replacement

Assembly Bill (AB) 142

Agency Policy

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