Withdrawing funds

Withdrawing Funds from a Blocked Account

Funds belonging to a minor because of a settlement or judgment are either invested or placed into a blocked bank account, or both. The only exception is that, in most states, if the minor's funds do not exceed a certain, low amount, the funds are entrusted to the parents. For more information about settlements of claims by minors, see Structured Settlements on the Dog Bite Law website.

The blocked funds can only be released by the Court itself. This requires the parents to present their request to the Court. The method for making this request differs from state to state.

Instructions for blocked accounts in California

To withdraw funds from a minor's blocked account in California, you need to get a Court Order. To do so, you have to fill in Judicial Council forms MC-357 and MC-358, sign them, and present them for filing at court. Form MC-357 is your request for the Court Order, and MC-358 is the official Order itself. To obtain and fill in these two forms, follow these directions:

Start your Internet Browser and go to the forms section of the website of the Judicial Council. If you click on this link, the Judicial Council website will appear in a second browser window, so you will be able to still see these directions.

Click on the down arrow where it says, "No form group selected."

Select "All forms listed by number."

Click "See forms."

Press Ctrl-F and type, "MC 357."

Click "Close" to get rid of the Find window.

You will see two colums that contain the form designation MC-357. The first is for "non-fillable forms" meaning that you need to use a typewriter, not a computer, or to print neatly. The second is for "fillable forms," meaning that you can use your computer to fill in the form. Select one or the other -- you probably will use the "fillable form" in the second column.

After filling in MC-357, fill in MC-358 by following the same steps, above.

Sign MC-357 but do not sign the other.

Make three copies, so that you have a total of four of each form.

Take the forms to court. Go to the courtroom of the Judge who issued the Order Approving Minor's Compromise. Show the forms to the Clerk and ask him or her to ask the Judge to sign the new Court Order, which is MC-358. Be sure to have a check with you, in case you are asked to pay a filing fee. Also take a pen and notebook so that, if the Clerk gives you instructions applicable to that courthouse, you can carry them out correctly.

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Withdrawing Funds from a Blocked Account

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