Legal Question in Civil Litigation in California

Court Blocked Account

My daughter was injured at age 2 while in the care of the babysitter. As a result there was a judgement and a trust fund was established. The trust fund account was a ''Court Blocked Trust Account'' with me, her mother as guardian and executor until she reached the age of 18 at which time she was supposed to have access to the funds. She is now almost 23 and the bank will not release the funds to either her or myself. They claim they need a copy of the court order which I do not have anymore. They have not been able to produce a copy of the order either. I cannot remember much of anything relating to the order including the babysitters last name, the insurance company or where I put the court order. I have not been successful in researching through county records to find the original order.

How can I petition the court and or the bank to release the funds?


Asked on 5/13/02, 9:38 pm

4 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Court Blocked Account

Which county you are located in? Please e-mail me directly with all the pertinent information...I can try for you. Do you recall which lawyer handled the matter...even just his last name. I am sure it can be tracked down!!!

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Answered on 5/13/02, 10:58 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Court Blocked Account

Before we make motion to the Court...we need to exhaust all other means to get hold of that order.

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Answered on 5/13/02, 11:03 pm
Victor Hobbs Victor E. Hobbs

Re: Court Blocked Account

Were ever you were living at the time of the incident. The matter was handled in either the Municipal Court, the County Superior Court, or a branch of the superior court that was closest to your home at that time. Go there. They have probably computerized their records. Put your daughter's name in the computer as the plaintiff. You were probably the guardian ad litem but she was the plaintiff, a minor. Once you have the case number go to the counter and order up the court file. By now it's in microfiche. Once the clerk get it up from long term storage. Take it to one of the machines that you can use to view the microfiche, and review the file. Once you see the order (there may be a page number on it) take it back to the counter, and tell them you want two certified true copies. One for you and one for the bank. Then take the copy of the order to the bank, and tell them you want the money. Your daughter's money actually. They should release it to your daughter after she properly identifies herself. There should be no necessity for a motion to compel the bank to release the money. You will need a certified true copy. You pay extra for that. So go for it. Since she is an adult. Why don't you let her do all the above?

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Answered on 5/13/02, 11:49 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Court Blocked Account

You definately have some footwork to do, but the information is available to you if you follow the advice given above. Good luck and do not let that bank stonewall you any longer!

Martin

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Answered on 5/14/02, 1:58 pm


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