How to Get Funds From a Court Ordered Blocked Account

Posted about 3 years ago. Applies to California, 1 helpful vote

Email

This is an article from the Sac. Law Library, which I have edited.

A blocked bank account is a bank account created by court order which requires a court order to withdraw funds. They are often created to protect money awarded in a judgment to a minor (either in the personal injury or family law setting) To remove money from the blocked account requires a court order which is requested by a Petition for Withdrawal of Funds From Blocked Account. The most common petition for withdrawal of funds is when the account was created for a minor and that minor turns 18. Step 1: Gather Required Information Anytime you are going to file with the court it is imperative that you have the correct information: * The name, case number, and county where the action to block the account took place; * Information about the blocked account, including: o The name and title in which the account is held o The name of the bank or other institution holding the account o The name and address of the bank branch holding the account o The account number o The current balance of the account * Any previous orders that affected that account (where and what was ordered). * If you are asking to withdraw the funds other than because you were a minor who has subsequently turned 18 and are now entitled to the funds, you must be able to explain, in clear, simple, writing the reason why you need the funds. Step 2: Fill out the Forms The first two forms are mandatory in any action to access a blocked account. The attached declaration is an option and is used if you need to explain why the funds are needed: * PETITION FOR WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNT (MC-357) * ORDER FOR WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNT (MC-358) * ATTACHED DECLARATION (MC-31), and, if necessary, * ADDITIONAL PAGE (MC-20) or ATTACHMENT TO JUDICIAL COUNCIL FORM (MC-25) These forms can be obtained from the Court or downloaded online for free from http://www.courts.ca.gov/forms.htm, the Judicial Council website. Step 3: File the Forms

You will need to check with the court in your county to see where the forms should be filed. Some counties have you file with the Probate Department, while some counties you would file with the civil department.

Additional Resources

http://www.saclaw.lib.ca.us/pages/blocked-account.aspx

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,902 answers this week

2,951 attorneys answering