Legal Question in Civil Litigation in California

Hi, I was in a car accident the day before my first birthday, and the court set up a cd with the money I received. The account was put in my mother's name with me as the secondary due to my age, and a block was put on it. Well, now I am 18 and need the money for school, but my mom wont help me. She has already cashed my sisters (I dont know how) and wont give me any paperwork or info. So I managed to get the account number and case number. I contacted the court, and they sent me a Petition for Withdrawal of Funds from Blocked Account (Form MC-357) and an Order to Deposit Money In Blocked Account (Form MC-355). Well, I filled out the MC-357 and sent it in, but they sent it back saying I needed to fill out the MC-355 as well. I dont want to deposit anything in a blocked account, and so I am really confused. I tried to fill it out but it asks for a hearing date (the original one?) and requires me to check a box which puts a block on an account. I want to remove a block not create 1. HELP


Asked on 5/13/10, 6:49 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are correct that the court gave you the wrong forms. You can get the right forms here: http://www.courtinfo.ca.gov/forms/

You need a Petition for Withdrawal of Funds from a Blocked Account (MC-357) and an Order for Withdrawal of Funds from Blocked Account (MC-358). You will have to file that with the court, and are permitted to seek an ex parte order. There are different rules in different counties about where to file. For example, in Los Angeles County, those are filed in the Probate Department.

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Answered on 5/18/10, 7:59 am


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