Legal Question in Civil Litigation in California

Hi, my name is Steven, and I could really use help filling out a MC-357 Petition for Withdrawal of Funds from Blocked Account. I was in a car accident when I was a year old, and an account was created that couldn't be touched until I turned 18. Well, now I'm 18, and my mom won't sign for me, because she wants the money. (She already cashed my sister's.) So, I am filling out a MC-357 and I am confused by question 9 - Payee to whom funds will be distributed:

Payee (name)

(1) Address

(2) Amount

(3)Purpose:

First, is this for my situation, in which case I would be the payee, or is this only if the funds are to be disbursed to others I am in debt too? I assumed that it would be me, but the Purpose question confuses me. If I am in fact the payee, what do you recommend I put for Purpose?

Thank you in advance for any help you can provide, and I apologize for posting such a ridiculous question.


Asked on 4/20/10, 6:34 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

This form is for the release of funds held in a blocked account. You would be the payee and the amount would be the total amount in the account, that belongs to you. Check the box that that says you are 18. Have certified copy of your birth certificate available for the court along with your driver's license or DMV id card. If the court requires a copy of these items, request that they be sealed for security purposes.

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Answered on 4/25/10, 10:08 pm
George Shers Law Offices of Georges H. Shers

One of my law school professors once saild "there are no foolish questions, only foolish answers."

Your mother can not and should not sign on your behave; she would only do so if the money was going to her for your benefit. If she has taken your sister's money without her consent, your sister needs to find out how that occurred and how to force your mother to return the money with interest.

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Answered on 4/25/10, 10:30 pm


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