We paid mortage payments and a security bond to the Mason Superior court for a TRO on the sale of our home 3 yrs ago. Now we are setteling the case and opposing councel will do an exparte dismissal of the case including our disbursement agreement. How long will it take for the Court to release the money? Will they allow us to pick it up at the court or do they have to mail it? I am also concerned as we are moving any day now out of state and I wonder if they will mail it to our bank for deposit or even deposit it to our KeyBank acccount if we ask them or give our bank routing Number. Or could we have it mailed to a friend to deposit it for us? Or should I just mail it to our relatives in the state where we will be moving? Any advice?
Family Law Attorney
The court clerk is not going to disburse any money unless there is a specific order from the judge for the clerk to disburse the money. So, you need to make sure that the order clearly states that the clerk is to disburse money to you. The first page of the order likely need to be marked somehow so that the clerk knows to read the order.
In my experience, when I walk the disbursement order to the clerk, the clerks asks me whether I want to wait for the clerk to prepare the check for me or I want the check mailed. I usually just ask for the check to be mailed. I usually get the check in a few days.
You can call the court clerk to ask the specific procedures at that court.
Landlord / Tenant Lawyer
Be sure the Order of Dismissal includes language like: "The Clerk of the Court is directed hereby to disburse the $XXX held in the Court Registry forthwith, by check payable to (you)". So long as the money is clearly in there (the registry isn't waiting for your deposit check to clear) they'll disburse promptly, usually within 24 hours. It'd be best to tell the clerk exactly to whom they can give the check, or include a self-addressed stamped envelope for the Clerk to use to mail it to you. The Clerk is not going to make a deposit for you. Hope this helps. Elizabeth Powell
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