(a) Upon the expiration of two years from the date of deposit of security, the security remaining on deposit shall be returned to the person who made the deposit or the person's personal representative if an affidavit or other evidence satisfactory to the department is filed with it showing that

1. (1) no action for damages arising out of the accident for which deposit was made is pending against the person on whose behalf the deposit was made, and
2. (2) there does not exist any unpaid judgment against the person in an action.