How to Get a Court Order to Withdraw Money from a Blocked Account
Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. If you need further assistance, consult
a lawyer.
Click here to download this guide with step-by-step instructions for completing the forms.
BACKGROUND
A blocked account is a bank or other account created by court order, requiring a court order to deposit or withdraw funds. Blocked accounts are frequently created to protect judgments awarded to minors, or to protect the money of adults who cannot manage their own finances and have therefore had conservators appointed to manage their assets ("conserved adults"). A court must approve and order any withdrawal of funds from a blocked account. The most common reason to petition a court is to withdraw funds from a blocked account is because the account was created for minor who has subsequently turned 18. Occasionally, a court also grants permission to the parent, guardian, or custodian of a minor or conserved adult with a blocked account if the parent, guardian, or custodian can demonstrate that the withdrawal of the funds is both necessary for and in the best interests of the minor or conserved adult.
Step 1: Gather Required Information
In order to complete the forms necessary to request the withdrawal of funds from a blocked account, you will need several pieces of information:
- The name and case number of the case that created the blocked account, as well as the county in which the case was filed;
- Information about the blocked account, including:
- The name and title in which the account is held
- The name of the bank or other institution holding the account
- The name and address of the bank branch holding the account
- The account number
- The current balance of the account
- If there have been previous orders allowing funds to be withdrawn, you will want to know when the previous order(s) was made, and what was ordered.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
You will need at least two forms to request a withdrawal from a blocked account:
You may also wish to attach a declaration to your petition to explain the need for the funds, unless you were a minor who has subsequently turned 18 and you are now seeking to disburse your funds. You can use:
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.
(a) Petition for Withdrawal of Funds from Blocked Account (MC-357)
Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for (name)," type or write "In Pro Per," which means you are representing yourself.
Below that, write the name and address of the court. The petition is filed in the same county that ordered the blocked account to be established. Be sure to check your local court rules to determine which court in your county hears these matters. In Sacramento, all Petitions for Withdrawal of Funds from Blocked Account are heard by the Probate Department, regardless of which department issued the initial order. That address is 3341 Power Inn Rd., Room 214, Sacramento CA 95826
The case name is typically the last name of the first plaintiff, the letter "v." for versus, and the last name of the first defendant in the original case that created the blocked account. The case number is the same as the number from the original case.
If the blocked account was established in a conservatorship case, the original case was titled "In Re: [name of conserved adult]." Use this case name and number in your petition.
Do not check the box marked "Ex Parte." Ex Parte petitions are granted only under narrowly proscribed circumstances, and checking this box will only unnecessarily delay your case.
Write your name again in paragraph 1, identifying yourself as the petitioner.
Write the name of the person whose blocked account you are seeking to withdraw funds from in paragraph 2. If you withdrawing from your own account because you are over the age of 18, this would be your name. Then check the appropriate box that describes the person named in this paragraph. If you are a minor who has subsequently turned 18 seeking to disburse your funds, check "Other (specify)" and write "former minor" in the space provided.
In paragraph 3, complete the information about the person named in paragraph 2. If the person does not have a job, or does not attend school, please indicate "None" in the space provided so that the court knows that you did not skip the question.
Fill out paragraph 4 only if the owner of the blocked account is under the age of 18.
Paragraph 5 describes how you are related to the owner of the blocked account. Check the appropriate box. If you are a minor who has subsequently turned 18 seeking to disburse your funds, check "Other (specify)" and write "former minor" in the space provided.
In paragraph 6, fill in the name on the account, the name and address of the bank or other depository's branch location, the account number, and the current balance. Describe previous withdrawals, if any, in section e. If none, check "None."
- If you need to attach an additional page(s) to describe two or more withdrawals, check the appropriate box and use ADDITIONAL PAGE (MC-20) to list the additional withdrawals. Title this additional page(s) "Attachment 6e."
- If you are petitioning to withdraw funds from more than one account, check the appropriate box and use ADDITIONAL PAGE (MC-20) to list previous withdrawals from each additional account. Title this additional page(s) "Attachment 6."
In paragraph 7, identify the amount you are asking to withdraw. "Balance" means the entire amount in the account.
In paragraph 8, describe the reason you are seeking the withdrawal. If it is for any reason other than because you have reached the age of 18, and are seeking to withdraw the full amount in the account, you may benefit from attaching an additional page to describe the reasons. Either ATTACHMENT TO JUDICIAL COUNCIL FORM (MC-25) or ADDITIONAL PAGE (MC-20) may be used.
In paragraph 9, complete the information that should be on the check or checks drafted by the bank. If you are withdrawing the entire amount of the account, the amount may be listed as "Balance." If the "purpose" is "Final distribution to minor who has attained the age of 18 years or older" write that in the space provided.
If there are more than four payee(s), check the appropriate box and use ADDITIONAL PAGE (MC-20) to list the additional payee(s). Title this additional page "Attachment 9."
If you have attached any additional pages to this petition, write the number of pages attached in paragraph 10.
Finally, at the bottom of the page, date, print, and sign where indicated. By doing so, you are declaring under penalty of perjury that the information in this petition is true.
(b) Order for Withdrawal of Funds from Blocked Account (MC-358)
Complete the top caption the same way you completed the caption on the Petition for Withdrawal of Funds from Blocked Account (MC-357).
In paragraph 1, type or write your name and check box (b), indicating that the matter came by regular hearing. The court will complete the date for you if your request is granted.
In paragraph 2, write the amount of the withdrawal you requested in paragraph 7 of the Petition for Withdrawal of Funds from Blocked Account (MC-357).
In paragraph 3, write the identifying information for the blocked account. Be sure that it matches the information you wrote in paragraph 6 of the Petition for Withdrawal of Funds from Blocked Account (MC-357).
In paragraph 4, write the payee information using the same information that you wrote in paragraph 9 of the Petition for Withdrawal of Funds from Blocked Account (MC-357).
In paragraph 6, write the number of additional pages attached to the petition. Unless there are more than four payees, this number will be "0."
Do not sign the Order for Withdrawal of Funds from Blocked Account (MC-358), as this form will be signed by the judge if your request is granted.
Step 3: Copying and Assembling the Court Papers
Make two copies of each Petition for Withdrawal of Funds from Blocked Account (MC-357) and Order for Withdrawal of Funds from Blocked Account (MC-358). Staple each copy of the two-page Petition for Withdrawal of Funds from Blocked Account (MC-357).
In Sacramento, the original Petition for Withdrawal of Funds from Blocked Account (MC-357) is not stapled. The court uses a scanning system for filing, and staples cause this equipment to malfunction. If you are filing in another county, be sure to check with the court for the filing requirements of that county.
Step 4: Filing
In Sacramento County, Petitions for the Withdrawal of Funds from Blocked Accounts are filed in and processed by the Probate Department, located on the second floor of the William R. Ridgeway Family Relations Courthouse at:
3341 Power Inn Road, Room 214
Sacramento, CA 95826
Be sure to file your documents with the Probate Clerk on the second floor of the Courthouse, as the Family Law Clerks on the first floor may not recognize your form. There is a $40 fee to file the Petition for Withdrawal of Funds from Blocked Account, unless the court fee has been waived.
For more information on Fee Waivers, consult the Sacramento County Public Law Library's Step-by-Step Guide at http://www.saclaw.org/pages/fee-waiver.aspx .
Current filing fees can be found at the Sacramento County Superior Court's website at http://www.courts.ca.gov/fee-schedule-010110.doc.
If you are filing in another county, please be sure to check with that court to determine the correct location to file.
Step 5: The Hearing
The Court will give you a court date for your hearing when you file. At that hearing, the Court will either grant or deny your request to withdraw funds, or may issue other orders, depending on the exact circumstances of your case. Please be sure to check with your particular court and its local rules to see if there are any additional procedural steps that should be completed prior to your hearing.
Tips:
- Write legibly or type. If your bank cannot read the account number on the Order, the bank will not release any funds.
- Remember to write clearly. The judge does not know you or your situation, so the clearer your explanation, the more likely your request is to be granted.
- Withdrawal of the balance for a minor who has turned 18 is fairly routinely granted. For any other type of request, substantial evidence as to the necessity of the withdrawal, and how the best interests of the child or conserved adult will be served by the withdrawal, is necessary. Anticipate attaching a fairly lengthy explanation as to the reasons for the proposed withdrawal in these cases.
updated 04/11 en